Over the past ten or so years, there has been a proliferation of class action law suits filed against numerous companies, including many trucking and bus companies, claiming wage and hour pay violations. These cases are devastating in that they allow the plaintiff attorneys to create a claim on behalf of a large class of a company’s workers creating huge wage claims.
But, there is some good news! In O’Connor v. Uber, 2018 U.S. App. LEXIS 27343 (filed September 25, 2018), the Ninth Circuit Court of Appeals held that an arbitration provision in Uber’s driver contract which included a provision where Uber’s drivers waived their right to participate in a class was valid and enforceable. The drivers were not precluded from pursuing their wage claim, but they would have to do so on an individual basis not as a class.
Companies should review their employee and independent contractor agreements and consider whether to include the type of arbitration provision reviewed in the O’Connor case. Contact our employment attorneys should you have any questions or need any assistance.
This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.
