Holick v. Cellular Sales of New York, LLC, No. 14-4323 (2d Cir. 2015)
Annotate this CasePlaintiffs filed a putative class action suit against defendants under state and federal labor laws, alleging that they were unlawfully denied various forms of compensation and benefits because defendants improperly classified them as independent contractors rather than employees. The district court denied defendants' motion to compel arbitration based on the arbitration clause contained in plaintiffs' subsequent employment agreements. Plaintiffs contend that the prior Sales Agreements and the conduct of the parties reveals positive assurance that the parties did not intend for the arbitration agreement to apply to claims that arose during the time period when defendants affirmatively labeled plaintiffs as non‐employees. The court affirmed the district court's denial of defendants' motion to compel arbitration because it found positive assurance that the parties did not intend for the arbitration agreement to be retroactive.
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