First Circuit Affirms Food Delivery Drivers Must Arbitrate Misclassification Claims

As reported in a prior blog post, the U.S. Court of Appeals for the First Circuit on Nov. 9, 2022, heard oral argument in the latest bids by food delivery drivers to escape arbitration of their putative class actions against Postmates and Grubhub for alleged misclassification and related wage law and sick leave violations. It did not take long for the court to issue its decisions. On Nov. 29, 2022, the court of appeals affirmed the judgment of the district court in Immediato v. Postmates, compelling arbitration of the parties' dispute. And on Dec. 2, 2022, the court did the same in Levine v. Grubhub, for essentially the same reasons...