9 results for 'cat:"Arbitration" AND cat:"Class Action" AND cat:"Labor"'.
J. Kennelly partially grants a rideshare company’s motion to compel arbitration against several of its drivers. The drivers wish to forward a class action against the company. They claim it wrongly classifies them as independent contractors rather than employees so as to avoid paying them higher wages and overtime, compensating business expenses and providing employee benefits. The court finds arbitration is appropriate for three of the plaintiff drivers but not for a fourth. The court also grants conditional class certification for “all drivers who have worked for Uber in Illinois during the last three years.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 22, 2024, Case #: 1:23cv17182, NOS: Labor/Management Relations - Labor, Categories: arbitration, class Action, labor / Unions
J. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, class Action, labor
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J. Jenkins partially grants a pharmacy chain’s motion to dismiss unfair labor allegations brought by a class of call center workers who say the chain compelled them to perform unpaid labor — booting up and shutting down the call center’s computer systems — before the start and after the close of every shift. The court denies the chain’s motion to compel arbitration, finding that the arbitration clause in the workers’ contracts do not extend to the claims they allege here. The court also denies dismissal on personal jurisdiction grounds, finding it is still too early in the case to determine whether the Northern District of Illinois has that jurisdiction. However, the court does dismiss the workers’ overtime law violation allegations without prejudice, finding they have failed to state a claim but could easily do so with an amended complaint.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 18, 2023, Case #: 1:21cv5780, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, class Action, labor
J. Strickland stays a putative labor class action alleging underpayment of wages until arbitration between the company and third-party independent contractors can conclude. While this court is “sympathetic” to the power asymmetry between the workers and the company, which contracted them through a third-party employment agency, the parties had a valid arbitration agreement and the company has “consistently indicated its intent to arbitrate.”
Court: USDC New Mexico, Judge: Strickland, Filed On: July 27, 2023, Case #: 2:20cv1166, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, class Action, labor
J. Brodie denies a motion for reconsideration and reaffirms the court’s prior ruling ordering a deli counter attendant and his employer to arbitration for all claims asserted in a collective action Fair Labor Standards Act suit. The court agrees with the magistrate judge’s findings that, under Second Circuit precedent, the employee’s collective bargaining agreement signed in 2018 applies to all claims for acts that occurred both before and after the agreement was signed.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 5, 2023, Case #: 1:22cv1601, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, class Action, labor