No. 18-01944
Firm: Jenner & Block
Issue Area: Forced Arbitration & Coercive Contracts
Jenner & Block represented the Chamber of Commerce and other amici curiae in a brief urging the Third Circuit to determine that Uber drivers are not employees.
The position urged by Jenner's brief strips Uber drivers of workplace protections. The firm argued, "Classifying such independent contractors as 'employees' would be harmful to Internet businesses, independent contractors, and consumers. Internet businesses would be subject to unexpected liability and cumbersome regulatory requirements. Their contractors would suffer as well because such businesses might be forced to micromanage those contractors to prevent labor costs from ballooning. For instance, if the Court classified Uber as the employer of drivers who use the Uber app, then Uber might need to limit those drivers to using the app no more than 40 hours a week, or it might need to limit drivers to operating only in high-volume areas—thus eliminating the flexibility that is the very reason drivers take advantage of Uber in the first place."