News & Analysis as of

Motion to Compel Federal Arbitration Act Employment Contract

Epstein Becker & Green

Ninth Circuit Rules Domino’s Truck Drivers Exempt from FAA

On July 21, 2023, a unanimous three-judge panel once again affirmed a California federal court’s ruling that the truck drivers who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

CDF Labor Law LLP on

Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Shook, Hardy & Bacon L.L.P.

Arbitration in PAGA Actions

A California appellate court has ruled in Rosales v. Uber Technologies, Inc. that whether a plaintiff has standing to bring a Private Attorneys General Act (PAGA) action is a question that cannot be delegated to an...more

Holland & Knight LLP

Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation

Holland & Knight LLP on

Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more

Carlton Fields

Ninth Circuit Affirms That Uber Driver Not Engaged in “Foreign or Interstate Commerce” for Purposes of Exemption to FAA

Carlton Fields on

The Ninth Circuit denied a petition seeking to vacate an order compelling arbitration of an Uber driver’s putative class action. The district court held that rideshare drivers who pick up and drop off passengers at airports...more

Seyfarth Shaw LLP

New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or “Arbitral Forum” to be Enforceable

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court and Evolving Arbitration Jurisprudence

The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more

Fisher Phillips

Gig Companies Lose Round 2 in New Prime Battle As Courts Debate Whether Workers Are Exempt From Arbitration

Fisher Phillips on

A federal appeals court decided last week that ride-share drivers engaging in interstate commerce while performing work for Uber should not be subject to the company’s arbitration agreement because of a recent Supreme Court...more

Hogan Lovells

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

Hogan Lovells on

On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Hudson Cook, LLP

Keep the Light On: U.S. Supreme Court Holds that Clear Consent is Required for Classwide Arbitration in Lamps Plus, Inc. v. Varela

Hudson Cook, LLP on

We have good news from the U.S. Supreme Court for creditors who use arbitration agreements. On April 24, 2019, in Lamps Plus v. Varela, the Supreme Court held in a 5-4 decision that courts may no longer infer from an...more

BakerHostetler

Recent Decisions Don’t Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers

BakerHostetler on

Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it....more

Adler Pollock & Sheehan P.C.

Arbitration of Employment Disputes – Textualism as Applied to “Contracts of Employment”

Introduction - On January 15, 2019, Justice Gorsuch, the self-described textualist on the U.S. Supreme Court, authored the opinion of the Court in the matter of New Prime Inc. v. Oliveira, interpreting the term “contracts...more

Seyfarth Shaw LLP

Keep On Truckin’: Strategies for Managing Wage and Hour Risks with Transportation Contractors After New Prime, Inc. v. Oliveira

Seyfarth Shaw LLP on

Seyfarth Synopsis: In January, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira that the Federal Arbitration Act’s (“FAA” or the “Act”) exclusion for transportation workers engaged in interstate commerce...more

Fisher Phillips

Recent SCOTUS Case Swift-ly Comes Home To Roost For Transportation Company

Fisher Phillips on

The $100 million settlement announced Monday by a transportation company to resolve a long-running misclassification claim might be the direct result of a January Supreme Court decision, and might be a troubling harbinger of...more

McNees Wallace & Nurick LLC

Enforcement Of Inividual Arbitration Agreements – Supreme Court Takes Two Steps Forward And One Step Back

Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more

Fisher Phillips

Plaintiffs’ Attorneys Already Lining Up To Weaponize Latest SCOTUS Ruling Against Gig Economy Companies

Fisher Phillips on

After the Supreme Court ruled a few weeks ago that independent contractors working “in interstate commerce” were exempt from arbitration pacts due to a broad interpretation of the Federal Arbitration Act (New Prime v....more

Davis Wright Tremaine LLP

U.S. Supreme Court Holds Independent Contractors Can be “Transportation Workers” Exempt from Federal Arbitration Act

In recent years, it has been an unerringly safe bet that the U.S. Supreme Court will rule in favor of the enforcement of arbitration agreements. But on January 15, 2019, the Court issued a rare decision bucking that trend in...more

Cozen O'Connor

SCOTUS Refuses to Enforce Arbitration Agreement Between Interstate Trucking Company and Driver

Cozen O'Connor on

The Federal Arbitration Act (FAA) requires courts to enforce private arbitration provisions contained in agreements between private parties. But the U.S. Supreme Court recently carved out an exception to the otherwise...more

Littler

Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption

Littler on

While the Federal Arbitration Act (“FAA”) broadly applies to a wide variety of employment and contracting arrangements, it does contain in Section 1 an exception excluding certain transportation workers from its coverage. ...more

Fisher Phillips

Could Recent Supreme Court Case Upend Gig Economy Arbitration Pacts?

Fisher Phillips on

My colleagues Andy Scott and Felix Digilov reported on last week’s Supreme Court decision that rejected a trucking company’s effort to force its drivers to arbitrate their wage and hour claims against the company, despite the...more

Buckingham, Doolittle & Burroughs, LLC

Federal Arbitration as an Alternative to Litigation Does Not Apply to Transportation Workers

Last week, employees received a rare victory that punches a sizable hole in previous laws that supported allowing arbitration in place of litigation. Recently, a unanimous Supreme Court determined that the regulation does not...more

Franczek P.C.

Keep on Trucking: SCOTUS Decision Impacts Trucking Industry

Franczek P.C. on

On January 15, 2018, the Supreme Court issued a unanimous 8-0 decision in the matter of New Prime, Inc. v. Oliveira. Justice Kavanaugh took no part in the consideration or decision of the case. ...more

53 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide