Posted on 05/31/2017 4:16:55 AM PDT by Mechanicos
Mr. Oliveira brought a putative class action suit against the interstate trucking company for which he worked–Prime–for violating the Fair Labor Standards Act, Missouri minimum wage statute, and other labor laws. Prime moved to compel arbitration under the FAA. In response, Plaintiffs argued that the FAA had no application to their contracts because they are transportation workers.
[The Court agreed with the Truckers]
(Excerpt) Read more at lexology.com ...
I’m no big fan of minimum wages; I think free markets should take care of themselves, but I’m also against giving anyone a market advantage - such as a union which creates a contract for less than minimum wages, typically permitted under many state minimum wage laws.
The ‘gig economy’ independent contractor loophole is another one; Lyft for example pays $6.70 an hour after commission.
If you’re going to stand in the way of the economy, you should require everyone to get in the same line and not create winners and losers through arbitrary laws.
That's because arbitrators tend to stick to the terms of the contract both parties willingly signed, whereas judges have to bend with the political winds.
This is an amazing example of the byzantine nature of modern law. The truckers are arguing on the one hand that they are employees, not independent contractors, and so are entitled to the protection of the Fair Labor Standards Act. At the same time they are arguing that they are indeed independent contractors and as such are exempt from the Federal Arbitration Act. The difference presumable is they way each act defines independent contractors.
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If you’re going to stand in the way of the economy, you should require everyone to get in the same line and not create winners and losers through arbitrary laws.
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Well, how ELSE are you going to grow the judicial/lawyer class, revolving door of litigation, than through arbitrary ‘laws’ that are purposefully so.
I mean, if the elected made sound, non-conflicting, succinct Law, they’d put themselves out of biz (as it were). /s
I read the summary, have a Ph.D., and have no idea what it means.
Can you explain?
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