By Leisa Boley Hellwarth, a dairy farmer and attorney near Celina
On Oct. 3, the US Supreme Court heard oral arguments in New Prime v. Oliveira, No. 17-340. While this is not an agricultural case, it is an important matter that impacts all of us, whether it is through increased transportation costs (if Oliveira prevails) or costs society bears from poorly paid workers (if New Prime prevails). Oliveira is a long-haul trucker with New Prime, although the trucking company considers him an independent contractor not an employee. That means any issues regarding pay disputes must be handled by arbitration according to New Prime.
Arbitration is favored by companies, including New Prime, as it is streamlined and less expensive than litigation. Plaintiffs like Oliveira, however, dislike the practice because it denies them their day in court, and arbitration is viewed as less impartial. Furthermore, arbitration may be much less convenient for the worker in terms of location and time.
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