Wednesday, March 4, 2020

3rd Circuit Restores Uber drivers class action

3rd Circuit Restores Uber drivers class action:  
One of the many potholes of the "gig economy" is that the "independent contractor" label is a tool to avoid what remains of legislative protection of workers rights.  Prime among those rights are workers compensation benefits, employer health insurance plans, and the wage and hour laws mandating minimum wages and premium overtime pay. In the atomized workplace of the "world wide web" the independent contractor scheme must be fought in the courts and the legislatures.  California's Assembly Bill 5 is of course the cutting edge.
The United States Court of Appeals for the Third Circuit - which last year refused to enforce a mandatory arbitration clause for Uber drivers - has now taken the next step.
In a precedential opinion Judge Joseph Greenaway, for a unanimous panel, has reversed a grant of summary judgment in the putative class action Razak v. Uber Technologies, Inc. Drivers for Uber, while online, cannot respond to calls from other apps, the court notes.  It further explains that there is much in the record to support the argument that drivers relying on the Uberblack app are subject to the online giant's control

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