Gig Economy Plaintiffs Will Test-Drive New SCOTUS Ruling Against Arbitration

February 14, 2019

Domenique Camacho Moran, partner at Farrell Fritz, was quoted in this article.

Domenique Camacho Moran, a labor and employment partner at Farrell Fritz in New York, said there is still uncertainty about whether gig economy drivers will fall under the exemption outlined in the FAA. “That’s the million-dollar question,” she said.

Moran said it won’t be an “easy argument” for companies such as Uber and Lyft to contend their drivers should not fall under the arbitration exemption for transportation workers.

“We are seeing now arbitration agreements may be a useful vehicle for resolving disputes expeditiously, but there may not be a wholesale rubber stamp,” Moran said.

Still, some state laws that govern arbitration disputes could limit the reach of the Supreme Court’s decision.

“If the Federal Arbitration Act doesn’t apply, state statutes or common law may still mandate arbitration of the dispute,” Moran said.

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  • Related Practice Areas: Labor & Employment
  • Featured Attorneys: Domenique Camacho Moran
  • Publications: National Law Journal