Analysis

Judge Pushes To Update Arbitration Law For 21st Century

By Jeannie O'Sullivan (September 24, 2021, 6:09 PM EDT) -- A Third Circuit judge has sent a strong signal that it's time for Congress to revamp a 96-year-old federal law's provision freeing certain transportation workers from workplace arbitration clauses, given that it lags behind in the era of phone app-based delivery work generated by Big Tech's growing footprint.

In a Sept. 8 ruling on an Amazon unit's move to arbitrate a delivery driver's wage claims, U.S. Circuit Judge Paul Matey suggested that the Federal Arbitration Act's Section 1 exemption doesn't account for the workforce of "gig economy" drivers — ferrying everything from dinner orders to six-packs to passengers — whose jobs...

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