Illinois District Court Finds that Uber’s Arbitration Agreement is Enforceable in a Putative Class Action and Dismisses Class Claims – Lexology

Smiling Uber driver with two passengers

  From Lexology, Erin Kubota discusses a case upholding Uber’s arbitration clause and dismissing a class action claim. Erin writes: In Johnson v. Uber Technologies, Inc., 2018 WL 4503938 (Sept. 20, 2018), the United States District Court in the Northern District of Illinois granted summary judgment in favor of Uber Technologies, Inc. (“Uber”), dismissing the class claims…

Ninth Circuit Decertifies Class of 160,000 Alleging Misclassification as Independent Contractors 

smiling Uber rider getting into car

  From Lexology, Erin Norris Bass reports that the Ninth Circuit Court of Appeals said that Uber drivers had to arbitrate their claims and dissolved their class action lawsuit. Erin writes: On September 25, 2018, the Ninth Circuit granted Uber’s motion to compel arbitration and decertified a class of 160,000 drivers alleging violations of California state law,…

Misclassification of Employees May Lead to Fiduciary Breach Claims 

ERISA

    From Lawyer.com, Marc S. Schechter explains how the misclassification of workers as independent contractors may lead to claims under the Employee Retirement Income Security Act of 1974 (ERISA). Marc writes: The misclassification of an employee as an independent contractor, thereby excluding them from the benefits of participation in the qualified retirement benefit plan, could place…

Seventh Circuit Defines Appropriate Test for Joint Employer Liability Under Title VII 

waitress with white shirt and black tie

  From JDSupra, Orly Henry discusses a recent case in which the Seventh Circuit Court of Appeals said that the economic realities determined whether an entity was a joint employer. Orly writes: On appeal, the Seventh Circuit held that the lower court had erred in applying the “employee” test set forth in Smith v. Castaways Family Diner, 453…

New Jersey unemployment tax owner-operator exemption gutted: What’s the fallout? 

Map Of New Jersey 3d Shape

  From FreightWaves, Chad Prevost discusses changes to the regulations issued by the New Jersey Department of Labor and Workforce that mean that owner-operators must satisfy the ABC test instead of the common law test to be exempt from New Jersey unemployment taxes. Chad writes: Yesterday, the New Jersey Department of Labor and Workforce Development published notice…