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.
Daily News & Commentary
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March 22
In today’s news and commentary, a resurgence in salting among young activists, Michigan nurses go on strike, and states explore policies to support workers experiencing menopause. Many unions have historically sprung up as the result of workers organizing their own workplaces. Young people drawing on that tradition have driven a resurgence in salting, or the […]
March 20
Appeal to 9th Cir. over law allowing suit for impersonating union reps; Mass. judge denies motion to arbitrate drivers' claims; furloughed workers return to factory building MBTA trains.
March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.
March 18
Meatpacking workers go on strike; SCOTUS grants cert on TPS cases; updates on litigation over DOL in-house agency adjudication
March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.