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0 pointskevin_b_er7y ago0 comments

It will not matter. Washington state law does not apply. The sovereign state of Washington laws are superseded and invalidated by mandatory binding arbitration. The rights set out in the State of Washington's constitution do not apply, for they are superceded and ignored by mandatory binding arbitration.

Any dispute will go to a monkey court instead.

0 comments

dragonwriter7y ago

> The sovereign state of Washington laws are superseded and invalidated by mandatory binding arbitration.

No, they aren't; binding arbitration is a venue for resolving disputes about the application of laws, it doesn't supersede the laws, and manifest disregard for the law is one of the few reasons for courts setting aside a binding arbitration decision.

sokoloff7y ago

Washington state law certainly does apply. The state did not sign a mandatory binding arbitration agreement. The employee/contractor may not have the right to bring suit against Instacart, but the state maintains that right.

Thought experiment: could Instacart assault, kidnap, or murder a delivery driver and claim that arbitration is the only venue for redress?

dabockster7y ago

And even then, the worker does have the right to petition the court to review the clause itself. So the worker can still sue with the knowledge that it will be thrown out if the judge decides to uphold the arbitration clause.

FireBeyond7y ago

Washington state law is very clear that Labor laws cannot be superceded by arbitration clauses, and that employees, including contractors, cannot waive their labor rights.

8bitsrule7y ago

This 'sovereign state' is the same state that uses a (regressive) sales tax to generate revenue, rather than an income tax. Maybe it'll grow up and be an adult state one day.

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