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Barbara Weltman

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Independent trucker can’t be forced into arbitration?

February 10, 2019 / By Barbara Weltman

That’s what the U.S. Supreme Court unanimously said in New Prime v. Oliveira. That case concerns an independent contractor who was an owner-operator who brought a class action suit against an interstate trucking company, claiming that he and others were owed wages under the FLSA. The company he sued said he had to arbitrate because of Federal Arbitration Act rules. The Court sided with the contractor who claimed an exception for disputes covered by a “contract of employment.” The court said this exception refers to any work arrangement and is not limited to employer-employee relationships.

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