Cellular Sales Can't Force Ex-Workers To Arbitrate Wage Row

Law360, Los Angeles (December 3, 2013, 8:10 PM EST) -- The Fourth Circuit on Tuesday refused to compel ex-Cellular Sales workers to arbitrate their putative collective and class action accusing the Verizon Wireless retailer of wage violations, ruling an arbitration provision in their employment contracts didn't cover the claims at issue.

Affirming a lower judge's decision, the appeals court said the provision's definition of "employee" didn't encompass independent contractors, such as the two named plaintiffs, who had that employment relationship with Cellular Sales before becoming at-will employees of the company in December 2011.

The plaintiffs alleged...
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