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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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]