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 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.
August 5
Clash over potential change to Canada’s labor code; Harvard’s Center for Labor and a Just Economy releases model sectoral bargaining laws; NJ sues Amazon for antitrust violations.
August 4
WestJet reaches a deal to end a flight attendant strike; the NLRB rules Whole Foods legally banned Black Lives Matter display; a commentary argues college athletes should have the right to collectively bargain.
August 3
Queens College faculty stage protest; UAW holds presidential debate; the Protect College Sports Act gets new life.
August 2
WestJet flight attendants go on strike, and the American Federation of Government Employees challenges another VA attempt to terminate its collective bargaining agreement.