Jon Weinberg is a student at Harvard Law School.
The Wall Street Journal reports that two Uber drivers have filed claims with the National Labor Relations Board alleging that the company’s arbitration policy violates the National Labor Relations Act. The drivers are represented by Shannon Liss-Riordan, the lead attorney in the major Uber driver classification suit in federal court in California. As for this action:
“In the NLRB charges, Ms. Liss-Riordan alleges that Uber requires drivers to waive their rights to join a class action against the company, and that this clause violates the NLRA’s guarantee that workers have a right to engage in concerted, protected activity.”
As Professor Sachs explained, the N.L.R.B. previously “held that an employer commits an unfair labor practice if it requires employees to pursue all employment-related disputes through individual (i.e., not collective or class) arbitration” in D.R. Horton. While the Fifth Circuit declined to enforce that ruling, the N.L.R.B. later affirmed in Murphy Oil U.S.A. that “workers have an unwaivable right to collectively pursue employment-related claims in either a legal or arbitral forum.” OnLabor will continue to monitor this action and its implications for workers in the gig economy.
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April 8
D.C. Circuit reinstates Wilcox; DOL attempts to trim workforce again; unions split regarding Trump tariffs
April 7
State legislatures threaten to expand E-Verify coverage; the EEOC enforces at least parts of its PWFA regulations.
April 6
In today’s news and commentary, Alabama enacts paid parental leave for state employees, a new jobs report could be upended by tariff policies, and labor unions help plan mass demonstrations across the country. In Alabama, Governor Kay Ivey signed a bill that provides paid parental leave to state employees, including public school teachers. The law, […]
April 4
Colorado Senate Bill 5 sparks heated debate over union security thresholds; SEIU launches national ad campaign protesting detention of union members; 60,000 UC workers strike over alleged unfair labor practices.
April 3
Chicago Teachers Union reaches tentative agreement; SEIU rallies for first amendment protection; Representatives introduce Protect America's Workforce Act.
April 2
Local academic unions face pushback in negotiations