While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more
10/7/2022
/ Arbitration ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Delivery Drivers ,
Distributors ,
Drivers ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Putative Class Actions ,
Southwest Airlines ,
Transportation Industry ,
Unjust Enrichment ,
Unpaid Wages
Plaintiff Jacob McGrath filed a nationwide Fair Labor Standards Act (FLSA) action ultimately involving approximately 4,000 food delivery drivers for DoorDash Inc. alleging that the drivers, known as “Dashers,” were...more
Certain Grubhub Inc. delivery drivers brought two putative collective and class actions asserting that they were misclassified as independent contractors, resulting in both federal and state wage and hour violations....more
As we noted in our June 10, 2019 blog post, many have questioned whether state arbitration laws could be applied when some transportation workers are held to be exempt from the Federal Arbitration Act (FAA) based on Section 1...more
In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated...more
4/6/2020
/ Arbitration ,
Automobile Passengers ,
Categorical Exemptions ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Delivery Drivers ,
Drivers ,
Federal Arbitration Act ,
GrubHub ,
Interstate Commerce ,
New Prime v Oliveira ,
Ridesharing ,
Small Business ,
Transportation Industry ,
Uber
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1. ...more
As we indicated in a January 17, 2019 blog article, the New Prime v. Oliveira, 139 S. Ct. 532 (2019), opinion was likely to lead to uncertainty in the transportation industry. ...more