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Mobile-Based Transportation Companies, Mandatory Arbitration, and the Americans with Disabilities Act
Uber, Lyft, DoorDash and similar mobile-based transportation network companies (TNCs) have been involved in numerous legal battles in multiple jurisdictions. One contested issue concerns whether TNC drivers are employees or independent contractors. Uber recently lost this battle to some extent in the UK, but won it in California. Another issue concerns the TNCs’ use of mandatory (pre-dispute) arbitration clauses in their standard form service agreements with both drivers and passengers. These arbitration clauses purport to obligate such future plaintiffs to resolve any dispute with the defendant TNC outside of court and, typically, on an individual rather than a class basis. TNCs have had mixed success enforcing arbitration clauses contained in service agreements with their drivers under the Federal Arbitration Act (FAA). As for passengers, TNCs have been increasingly litigating disability-based discrimination claims brought against them and/or their drivers pursuant to the Americans with Disabilities Act (ADA). These claims have largely arisen in two situations.The Dept. of Labor Changes up the Employee vs. Contractor Debate for Gig Workers
Last year I wrote about Uber and Lyft’s battle against a California law that required them to treat their drivers as employees, rather than contractors. Then, in November, California voters passed Prop. 22, which exempted app-based drivers from that law, something Claire covered in detail. Two recent actions…A Michigan Facial Recognition Law Suit and The Future of Cameras in Cars
Last week, Claire wrote about how Fourth Amendment precedents and facial recognition technologies could allow law enforcement to use AVs and other camera-equipped transportation technologies as a means of surveillance. In that post she mentioned the case of Robert Julian-Borchak Williams, who last year was arrested by the…2021 Conference Panel 2: Transportation Equity and Emerging Technologies
By Christopher Chorzepa and Phillip Washburn Week 2 of the 2021 Law and Mobility Conference opened with a discussion, moderated by C. Ndu Ozor, focusing on a variety of topics: inequalities and equity issues in our transportation system, how to…AVs Must Avoid the Discriminatory Impacts of Today’s Rideshares
In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the third part of the AV &…AVs Must Be Radically Accessible
In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the second part of the AV &…AVs Must Not Perpetuate Infrastructure Racism
In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the first part of the AV &…Equity in Micromobility
Micromobility usage was at an all-time high before March 2020. The culmination of decades of growth and industry involvement in the United States resulted in nearly 350 million rides taken on shared bikes and scooters since 2010. The National Association of City Transportation Officials (NACTO) reported this astounding statistic…California Court Case and COVID-19 Disrupt the Relationship Between Drivers and Ridesharing Services
This week a California Superior Court ruled that transportation network company (“TNC”) titans Uber and Lyft have to classify drivers as employees, rather than independent contractors. The suit, spearheaded by the state’s Attorney General, sought to bring the two ride-sharing companies into compliance with Assembly Bill 5 (“AB…Smart Cars, Safety and Affordability: A Chicken and Egg Problem
Cars are getting smarter and safer. And yet this new breed of automobile remains inaccessible to large parts of the consumer base due to high costs. Some of these costs are a natural result of technological advancements in the automobile industry. Others however may be a product of inefficient market…