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In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more
Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more
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
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
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
Ever since Uber became part of our everyday world, the mandatory arbitration agreement it requires its independent contractor drivers to sign has been under constant scrutiny—and attack. A recent decision, however, fell in...more
It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more
Executive Summary and Takeaway. User agreements for websites and apps have become increasingly prevalent in recent years, and courts have had to adapt traditional rules of contract interpretation to the new digital frontier....more
Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company's arbitration clause could not be enforced because it was not "reasonably...more
Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more
Dispute Deemed Minor under the Railway Labor Act, Sent To Arbitration - Flight Options, LLC and Flexjet LLC v. International Brotherhood of Teamsters 2017 WL 4583014 United States Court of Appeals, Sixth Circuit The...more
The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more
In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more
In a ruling that Uber immediately appealed, the U.S. District Court overseeing class action litigation by Uber drivers seeking to be declared employees, rather than independent contractors, revisited his earlier ruling...more