News & Analysis as of

Arbitration Employee Definition Class Action

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Troutman Pepper Locke

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

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As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

Troutman Pepper Locke

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

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The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more

BakerHostetler

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

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A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the Section 1 exemption of the Federal Arbitration Act (FAA) to mandatory arbitration because they are not a class of...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

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On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Seyfarth Shaw LLP

An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt

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Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more

Morgan Lewis

Seventh Circuit: No FLSA Collective Action Notice For Workers Subject To Individual Arbitration Agreements

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In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more

Genova Burns LLC

Third Circuit Decision Threatens Rideshare Company’s Right to Arbitrate

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The Third Circuit recently opened the door to exempting Uber drivers from the Federal Arbitration Act (“FAA”). In a precedential decision, the Court of Appeals vacated a District Court’s decision compelling arbitration of an...more

Seyfarth Shaw LLP

Newly Adopted “Freelance Isn’t Free” Rules Rife with Preemption Issues Under FAA

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Seyfarth Synopsis: Regulatory rules issued in connection with New York City’s Freelance Isn’t Free Act seek to prohibit arbitration of claims under the Act and class action waivers in contracts covered by the law. U.S....more

Littler

New Rules Applicable to NYC’s Freelance Isn't Free Act Prevents Covered Employers from Utilizing Arbitration Provisions and Class...

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New York City’s Freelance Isn’t Free Act goes into effect on July 24, 2017. Anticipated rules to “clarify” the Act, which amend Title 6 of the City’s Rules by adding a new chapter 12, have now been promulgated by the...more

Troutman Pepper Locke

Uber’s Former CEO and Current Chairman of the Board Sued Personally for Independent Contractor Misclassification – Is This an...

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Last week, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that Uber misclassified them as independent contractors instead of employees. This lawsuit,...more

Hogan Lovells

Global Employment Law Update - April 2017

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In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

Troutman Pepper Locke

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Troutman Pepper Locke

November 2016 Independent Contractor Misclassification and Compliance News Update

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Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Troutman Pepper Locke

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

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The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Troutman Pepper Locke

July 2016 Independent Contractor Misclassification and Compliance News Update

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Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

JAMS

Federal Employment Case Update | Pizza and Beer

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Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

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