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Fair Labor Standards Act (FLSA) Uber

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

Carlton Fields on

The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Marshall Dennehey

Third Circuit Holds Uber Drivers Are Not Exempt From Federal Arbitration Act and Are Subject to Binding Arbitration

Marshall Dennehey on

The Third Circuit joined the First and Ninth Circuits in holding that Uber drivers are not exempt from the Federal Arbitration Act (FAA) and, therefore, are subject to binding arbitration.  The plaintiffs in the underlying...more

Epstein Becker & Green

Federal Court in Florida Rules that Federal Arbitration Act Exclusion Does Not Apply to Uber Drivers

Epstein Becker & Green on

On June 1, 2021 the Southern District of Florida granted the motion by Uber Technologies, Inc. (“Uber”) to compel arbitration, finding that the company’s drivers did not engage in sufficient interstate commerce to meet the...more

Verrill

Are You Paying Attention to your Classifications?

Verrill on

DOL Scraps Trump-era Interpretative Letters and 60,000 U.K. Uber Drivers Entitled to Worker Benefits - It has been a big day for changes on the worker classification front. In the last 24 hours, Britain’s highest court...more

Sheppard Mullin Richter & Hampton LLP

Battle Over Rideshare Worker Classification Continues: New York Supreme Court Holds Uber Drivers Are Employees, Entitled to...

In yet another decision concerning gig economy businesses, the New York Supreme Court, Appellate Division, Third Judicial Department upheld a decision of the Unemployment Insurance Appeal Board (the “Board”), which held that...more

Weintraub Tobin

Don’t Delete Your Lyft Or Uber Apps Before October 2020, And Maybe Not Until May 2021; Appellate Court Grants Short Stay Of Order...

Weintraub Tobin on

A ruling today by an appellate court gives ride-sharing companies Lyft and Uber roughly two more months to treat their drivers in California as independent contractors. That ruling follows a recent decision by a trial court...more

Sheppard Mullin Richter & Hampton LLP

Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law

UberX and UberBLACK Drivers Are Not Employees for Purposes of the NLRA - According to the NLRB General Counsel’s Division of Advice (GC), Uber’s UberX and UberBLACK drivers are independent contractors exempt from the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Oldest Nationwide Misclassification Case Against Uber Gets Settled For $1.3M

Fisher Phillips on

The first-ever national misclassification case brought against Uber has now been put to bed. A federal court judge in North Carolina yesterday gave her blessing on a $1.3 million settlement wrapping up the litigation, handing...more

Locke Lord LLP

September 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

Locke Lord LLP

April and May 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Sheppard Mullin Richter & Hampton LLP

Uber Drivers’ Class Action Lawsuit Hits Permanent Red Light

Last week, the ridesharing giant, Uber, secured a resounding legal win when a federal judge dismissed a putative class action lawsuit alleging the company violated the Fair Labor Standards Act by failing to pay drivers...more

Obermayer Rebmann Maxwell & Hippel LLP

Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK...more

Fisher Phillips

Another Misclassification Win For Gig Economy Businesses - Pennsylvania Federal Court Finds UberBLACK Drivers Are Contractors

Fisher Phillips on

In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more

Locke Lord LLP

Uber Scores Big Win in Independent Contractor Misclassification Case

Locke Lord LLP on

Yesterday, Uber Technologies, Inc. won a watershed case under federal and state wage laws on the issue of whether Uber drivers are independent contractors, as the company has steadfastly maintained. A federal district court...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Locke Lord LLP

January 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

An overview of last Friday’s jobs report, which saw the US adding fewer jobs than expected but also tracked a welcomed increase in wages for the least-educated workers....more

Locke Lord LLP

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

Fisher Phillips

Uber Forced To Carry On Its Defense Of 'On Call' Claims

Fisher Phillips on

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

Obermayer Rebmann Maxwell & Hippel LLP

Employee Classification and the Gig Economy - Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia...more

Fisher Phillips

July 2017: The Top 12 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

Franczek P.C.

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

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