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UberEats Driver Again Bypasses Arbitration in California Suit

April 11, 2022, 9:05 PM

Uber Technologies Inc. again on Monday failed to convince a California appellate court that an UberEats driver suing on behalf of the state for alleged labor violations must first get an arbitrator to decide whether he’s an independent contractor or an employee.

“California case law is clear” that it’s up to the court, not an arbitrator, to decide this threshold question in lawsuits brought under the state’s Private Attorneys General Act. This precedent must be followed “unless and until” the U.S Supreme Court or the state’s high court “directly overrules it,” Judge Kathleen E. O’Leary wrote for the the California ...