Uber Drivers’ Appellate Bid to Avoid Arbitration on Shaky Ground

A federal appeals court judge in Philadelphia expressed skepticism that Uber Technologies Inc. drivers are transportation workers engaged in foreign or interstate commerce who are exempt from mandatory arbitration agreements in employment disputes.

Less than 2.5% of all trips the drivers made through Uber’s platform crossed state lines and it’s not clear whether that’s enough to bring them within the exemption, Judge Kent A. Jordan said during oral argument Tuesday at the US Court of Appeals for the Third Circuit.

“That’s a very, very small percentage,” the judge told Justin L. Swidler, a partner at Swartz Swidler LLC, who argued ...