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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January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.
January 22
Hyundai’s labor union warns against the introduction of humanoid robots; Oregon and California trades unions take different paths to advocate for union jobs.
January 20
In today’s news and commentary, SEIU advocates for a wealth tax, the DOL gets a budget increase, and the NLRB struggles with its workforce. The SEIU United Healthcare Workers West is advancing a California ballot initiative to impose a one-time 5% tax on personal wealth above $1 billion, aiming to raise funds for the state’s […]