Mohamed v. Uber Technologies

Plaintiffs Mohamed and Gillette, former Uber drivers, filed suit alleging on behalf of themselves and a proposed class of other drivers that Uber violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq., and various state statutes. Gillette has also brought a representative claim against Uber under California’s Private Attorneys General Act of 2004 (PAGA) alleging that he was misclassified as an independent contractor rather than an employee. The district court denied Uber’s motion to compel arbitration of the claims. The court concluded that the district court improperly assumed the authority to decide whether the arbitration agreements were enforceable. The question of arbitrability as to all but Gillette’s PAGA claims was delegated to the arbitrator. Under the terms of the agreement Gillette signed, the PAGA waiver should be severed from the arbitration agreement and Gillette’s PAGA claims may proceed in court on a representative basis. All of plaintiffs’ remaining arguments, including both Mohamed’s challenge to the PAGA waiver in the agreement he signed and the challenge by both plaintiffs to the validity of the arbitration agreement itself, are subject to resolution via arbitration. Finally, the court affirmed the district court’s order denying Hirease’s joinder in the motion to compel. View "Mohamed v. Uber Technologies" on Justia Law