9th Circ. Rejects Delivery Co.’s offer to arbitrate DOL suit

Law360 (May 18, 2021, 7:26 p.m. EDT) – The Ninth Circuit on Tuesday rejected an offer to arbitrate in a lawsuit brought by the US Department of Labor on behalf of delivery drivers, alleging that their employer had wrongly classified them as contractors, considering that the labor secretary cannot be forced into arbitration even if the workers accept such measures.

In a published 10-page opinion, the panel unanimously upheld the lower court’s decision in ruling that a private arbitration agreement between Larry Browne, who owns national transportation provider Arizona Logistics, and the drivers -delivers does not bind the Secretary of Labor to arbitration in the application of the Fair Labor Standards Act …

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