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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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]