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Dispute Resolution Keyed to Stone, 4th Ed.
Ouadani v. TF Final Mile
Citation:
876 F.3d 31 (2017)Facts
Djamel Ouadani applied to work as a delivery driver for Dynamex in early 2016. During his interview at Dynamex offices, he was given a Dynamex shirt and identification badge, told his pay rate would be eighteen dollars per hour, and instructed to associate with one of three Dynamex-affiliated vendors. Ouadani chose to associate with Selwyn and Birtha Shipping LLC (SBS), owned by another driver he had never met. Unbeknownst to Ouadani, Dynamex and SBS had entered into an Independent Contractor Agreement containing a mandatory arbitration clause covering wage-and-hour disputes. Ouadani never signed any written agreement with either Dynamex or SBS and was unaware the arbitration agreement existed. Dynamex controlled Ouadani’s work schedule, required him to wear Dynamex-branded clothing, provided specific delivery instructions, and paid SBS for his services, from which various deductions were made before Ouadani received payment. After Ouadani complained in August 2016 about his classification as an independent contractor rather than an employee, Dynamex terminated him. Ouadani subsequently filed a putative class action asserting wage-and-hour violations.
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