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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September 4
NLRB advice memo narrows political protest protections; NLRB asks federal appeals court for deference.
September 3
Seond Circuit rejects a NLRB standard for union insignia in employer dress codes; House Republicans ramp up labor union investigations.
September 2
Trump’s US Steel agreement impacts labor talks; Mamdani clashes with teachers’ union; Boeing plans to resume bargaining talks.
September 1
California legislature passes a bill banning AI workplace surveillance of workers' emotional states; Labor Department repeals decades-old farmworker protection rules; Sixth Circuit upholds a $1.4 million verdict for farmworkers.
August 31
Boston Symphony Orchestra musicians stave off first-ever strike; Cleveland Public Library workers ratify new contracts; New York State AFL-CIO makes endorsements
August 30
Seattle teachers vote to authorize a strike days before the school year begins; BNSF Railway’s AI dispatching system puts workers in danger; and a California court finds that the DOL’s pay cuts for non-citizen farmworkers are unlawful.