Jon Weinberg is a student at Harvard Law School.
In a major ruling this week, U.S. District Court Judge Edward Chen significantly expanded the number of drivers who can join the major class action O’Connor v. Uber, set for a jury trial in June 2016. The ruling, a final class action certification, can be read in its entirety here.
Notably, Judge Chen expanded the class to include drivers who had joined Uber after June 2014 and signed more recent arbitration agreements with class action waivers. He also certified the class to pursue claims for not only tips but also vehicle-related and phone expenses. Judge Chen excluded from the final class drivers who drove for Uber through a third-party company (such as a limousine service) and those who used corporate names. According to Forbes, the potential class will now increase dramatically to a much larger fraction of the estimated 160,000 Uber drivers in California. They also note that Uber will appeal immediately.
In his previous class action certification in September, Judge Chen excluded from the class drivers who joined Uber after June 2014 and had not opted out of an arbitration clause, and he also did not certify claims relating to non-tip expenses incurred by drivers. Judge Chen had also previously held the arbitration clause used by Uber before June 2014 procedurally and substantively unconscionable under California law. Now, Judge Chen has removed both of those limitations and held all of Uber’s arbitration clauses unconscionable.
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September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.