November 27, 2021

Volume XI, Number 331

Advertisement
Advertisement

November 24, 2021

Subscribe to Latest Legal News and Analysis

Ninth Circuit Finds Uber’s Arbitration Agreements Enforceable After All

On September 7, 2016, the Ninth Circuit Court of Appeals in Mohamed v. Uber Technologies, Inc. largely overturned the District Court’s ruling which had held Uber’s arbitration agreements to be unenforceable.  Last year, the District Court had held that the arbitration agreements were unconscionable due to the inclusion of a waiver of claims brought under California’s Private Attorneys General Act (“PAGA”).  The decision invalidated nearly 250,000 arbitration agreements between Uber and independent drivers, allowing the case against Uber to proceed as a class action in civil court.

Uber appealed the decision, arguing that the District Court should have simply severed the PAGA waiver pursuant to the agreement’s severability provision rather than invalidating the entire agreement. The Court of Appeals agreed, ruling that the PAGA waivers are severed from the arbitration agreements and the agreements are otherwise enforceable.  This decision will allow drivers to pursue their PAGA claims in court, but will allow Uber to compel individual arbitration on all other claims.

Jackson Lewis P.C. © 2021National Law Review, Volume VI, Number 253
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Amber Gardina-Quintanilla, Jackson Lewis, Handbook Drafting Lawyer, Policy Compliance Attorney
Associate

Amber Gardina-Quintanilla is an Associate in the San Diego, California, office of Jackson Lewis P.C. Her practice focuses on employment litigation, including preventive advice and counsel.

Ms. Gardina-Quintanilla advises and represents employers in a broad range of employment law matters, including those involving discrimination and harassment, wage and hour, wrongful termination, and retaliation claims. She also assists employers in drafting handbooks and policies to comply with current laws.

...
619-573-4923
Advertisement
Advertisement
Advertisement