3rd Circ. Nixes Arbitration In NJ Uber Driver Wage Row

Law360 (September 11, 2019, 12:59 PM EDT) -- The Third Circuit said Wednesday that transportation workers who transport passengers, not just goods, might be exempt from arbitration under certain circumstances, signaling that a New Jersey Uber driver could potentially pursue in court his claims that the ride-hailing giant misclassified drivers as independent contractors.

A three-judge panel issued a precedential decision vacating U.S. District Judge Freda L. Wolfson's 2017 order compelling arbitration in Jaswinder Singh's suit against Uber Technologies Inc., finding that the lower court should've first analyzed whether Singh qualified for the Federal Arbitration Act's so-called transportation worker exemption.

Section 1 of the FAA exempts from arbitration "contracts of...

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