‘Scared to Death’ by Arbitration
Keller Lenkner’s first wave of cases have focused on workers in the gig economy. Mr. Lenkner said he believed that his firm could economically mount arbitration claims, one by one, because the gig workers had similar allegations against companies like Uber and Postmates — namely that they have been misclassified as independent contractors.
Mr. Lenkner said most companies never expected that people would actually use arbitration. “The conventional wisdom might say that arbitration is a bad development for plaintiffs and an automatic win for the companies,” he said. “We don’t see it that way.”