Matchmaker Compelled to Arbitrate her Claim that She was Misclassified

From JDSupra, Richard Reibstein discusses a case in which a matchmaker was required to arbitrate her claim that she was misclassified as an independent contractor. Richard writes:

A matchmaker who filed a proposed collective action complaint in a Florida federal court against the online matchmaking company, Tawkify,‎ must arbitrate her wage claims on an individual basis. The company, founded by E. Jean Carroll, secured an order from the court granting Talkify’s motion to compel arbitration on the matchmaker’s allegations of independent contractor misclassification. The matchmakers allegedly were required to sell expensive dating packages to clients seeking dates. In her collective action complaint, the matchmaker claimed that the company misclassified matchmakers as independent contractors and not employees and, in so doing, failed to pay them at least the minimum wage plus overtime compensation for hours worked in excess of 40 per workweek. In support of her claim, the plaintiff asserted that the company instructed the matchmakers where, when, and how to perform their work; had the sole right to hire and fire the matchmakers; selected which clients were assigned to each of the matchmakers; controlled the matchmakers’ opportunity for profit; set the matchmakers’ schedules; controlled the matchmakers’ appearance; and disciplined them for failing to follow company rules. Larue v. Tawkify Inc., No. 0:23-cv-61686 (S.D. Fla. Jan. 9, 2024).

Source: Case Establishing Strict New Jersey Test for Independent Contractor Status Finally ‎Resolved: January 2024 IC Legal News Update | Locke Lord LLP – JDSupra

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