Fighting Back Against Mandatory Arbitration and Class Action Waivers: What Delivery Drivers in New Jersey Need to Know

Short summary

New Jersey law provides strong protections for delivery drivers seeking to challenge mandatory arbitration clauses and class action waivers imposed by platforms like Uber Eats and DoorDash. The state Supreme Court's Atalese decision requires explicit jury-trial waiver language, and courts will apply NJ law regardless of choice-of-law provisions. The Aguirre decision further reinforced that companies cannot automatically use waivers to shut down group litigation for wage-law claims.

• •NJ's Atalese ruling requires arbitration clauses to clearly state jury-trial waiver
• •Choice-of-law provisions cannot override NJ worker protections for resident drivers
• •Aguirre decision rejected both arbitration agreement and class action waiver for NJ wage claims

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