Case: Wage & Hour/Arbitration (Or.)

The Oregon Supreme Court affirmed a court of appeals decision holding that a Driver Services Agreement executed by Zoan Management, Inc. and a former delivery driver seeking to represent a class, which states drivers are independent contractors rather than employees, wasn’t unconscionable because it didn’t prevent an arbitrator from determining such drivers were employees and resolving their claims under Oregon’s wage and hour statutes. The driver argued that because the parties arbitration agreement prevents the arbitrators from “altering, amending or modifying” the terms of the DSA, the agreement prohibits the arbitrators from concluding that he is an employee. The supreme ...