Two DoorDash delivery drivers filed a class action against the
company and two of its employees alleging violations of federal and
state wage and hour laws. After removal of the case to the Southern
District of New York, the defendants filed motions to compel
arbitration, to strike the complainants' class action
allegations and to stay the case pending resolution of the
individual claims.
Judge Valerie E. Caproni of the Southern District of New York, a
2013 President Obama nominee, analyzed a number of the critical
issues presented in the case before granting the defendants'
motion. Mullo
v. DoorDash, Inc. No. 22-cv-2430 (S.D.N.Y. Jan.
17, 2023).
The Arbitral Background
The plaintiffs had agreed to the terms of DoorDash's
Independent Contractor Agreement (ICA), which was presented in a
hyperlink when they applied for work. The ICA prominently advised
that it contained an arbitration clause covering all disputes
involving the ICA, including under federal and
