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Federal Court in Florida Rules That Federal Arbitration Act Exclusion Does Not Apply to Uber Drivers
On June 1, 2021 the Southern District of Florida granted the motion by Uber Technologies, Inc. (“Uber”) to compel arbitration, finding that the company’s drivers did not engage in sufficient interstate commerce to meet the interstate commerce exclusion in the Federal Arbitration Act (FAA).
Plaintiffs Kathleen Short and Harold White brought a class action against Uber alleging that the company’s policy of classifying its drivers as independent contractors violates the Fair Labor Standards Act and the Florida Minimum Wage Act because the company failed to pay drivers the minimum wage. Uber sought to enforce its arbitration agreement which unambiguously required plaintiffs to pursue any potential claims in an individual arbitration.
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Recent Updates
- New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers
- DOL Shelves Independent Contractor Rule
- Time Is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims
- California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable
- New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law