Medical Equipment Delivery Driver Avoids Arbitrating Wage Claims

A Lincare Inc. delivery driver can pursue his wage-and-hour claims in court as a potential class action, because he falls under a federal arbitration law carveout for transportation workers, a judge said.

The worker signed an agreement to arbitrate his individual claims against the healthcare supplies company and waive any class claims. But he’s exempt under the Federal Arbitration Act because he “plays a direct and necessary role in the flow of medical equipment across state borders,” the US District Court for the Southern District of California said Tuesday.

Plaintiff Ignacio Garate alleges Lincare ran afoul of California employment laws, ...