Uber Wins Bid To Arbitrate Drivers' Wage Claims

Misclassified Drivers

Uber can send to arbitration a suit in which drivers alleged that the company misclassified them as independent contractors, after a federal judge found on September 14, 2021, that the drivers rarely engaged in interstate commerce and thus were not exempt from federal arbitration requirements under a carveout for interstate transportation workers.

Even so, if you have been misclassified as an independent contractor and not a normal employee (that maintains the right to meal breaks, rest periods, hourly wage minimums, overtime, double time and other benefits), you still have a right to pursue those claims.  Doing so in arbitration does not eliminate or restrict your rights under applicable laws.  Employers, however, will continue to seek to obtain any advantage possible, including forcing you to arbitrate those claims (e.g., before a retired judge) instead of presenting them before a jury of your peers. 

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