Transportation Workers Can Avoid Arbitration

A truck driver working long hours yet still earning less than the minimum wage tries to bring a class action lawsuit against a trucking company. But the company tells him he signed an arbitration agreement that prevents him from filing a lawsuit against the company—and that, in any event, each driver must file a separate claim instead of a class action. Who should win the argument? In a recent decision written by Justice Neil Gorsuch, the U.S. Supreme Court unanimously held that, under the Federal Arbitration Act, employers cannot force transportation workers into arbitration of disputes, regardless of their status as independent contractors or employees. This decision represents a brief respite for workers who have lost case after case in recent years dealing with mandatory arbitration. Just last term, the Supreme Court held that mandatory arbitration agreements that prevent workers from bringing claims collectively do not violate the National Labor Relations Act. For…

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