Analysis

3rd Circ. Offers Gig Workers Tool To Blunt Arbitration Pacts

Law360 (September 12, 2019, 8:30 PM EDT) -- Gig economy workers who can prove they're engaged in interstate commerce have new leverage to argue they can pursue employment disputes in court, after the Third Circuit held that an arbitration exemption applies to drivers transporting passengers, not just goods.

The appeals court held Wednesday that Uber Technologies Inc. driver Jaswinder Singh's suit over allegedly unpaid overtime and expenses shouldn't have been forced into arbitration, ordering more fact-finding on whether Singh qualifies for the Federal Arbitration Act's so-called transportation worker exemption.

Employee advocates and plaintiffs attorneys say the Third Circuit's precedential ruling sets a course for ride-hailing drivers and potentially other...

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