News & Commentary April 20, 2023

[Omaha Steve]

https://onlabor.org/april-20-2023/

By Maddie Chang

Maddie Chang is a student at Harvard Law School.

In today’s news and commentary, Amazon cannot compel arbitration for a privacy class action claim, more than 150,000 federal workers in Canada go on strike, and workers at Trader Joe’s stores in New York City and Oakland begin union votes.

Yesterday, the Ninth Circuit ruled that Amazon cannot compel plaintiffs to bring a class action claim that the company spied on workers’ private Facebook group in arbitration, and that it must handle the suit in court. Amazon Flex driver Drickey Jackson represents a class of about 800 workers in a suit against Amazon that alleges that Amazon illegally monitored and wiretapped drivers’ closed Facebook groups. Amazon Flex drivers, who use their own vehicles to make last-mile deliveries for Amazon, used the Facebook groups to communicate about things like unionizing efforts and working conditions.

Plaintiffs claim that Amazon monitored these groups and intercepted communications between drivers without their consent, in violation of California privacy law and federal wiretapping law. Amazon argued that the matter should go to arbitration, as per an arbitration provision in the contract drivers signed upon hiring. But in upholding the district court ruling, the Ninth Circuit found that the drivers were not performing services for Amazon when communicating on Facebook. A union organizer, for instance, who didn’t work for Amazon could have also joined the Facebook group, and could also have brought the claim. Jackson’s claim thus does not directly arise from or relate to his Amazon contract, and does not have to go to arbitration.

FULL story at link above.