Companies need to be careful with these clauses. Postmates is deep trouble because thousands of employees actually demanded arbitration, and now Postmates is trying to get a class action instead of thousands of arbitrations.
Arbitration aren't the get out of jail card many organizations believe them to be.
It seems that the issue exposed by DoorDash and Postmates is easily resolved by inserting volume discount language into the contract with the arbitrator. A competitor to DoorDash's arbitrator has already started making that sales pitch. It's possible the fees could be discounted for these existing disputes, too, though perhaps doing so during the pendency of a dispute might be risky--politically, if not legally. In any event, I wouldn't expect this loophole to stay open for long. Occasions for such schadenfreude aren't usually repeated.
Arbitration clauses, for sure. But not the whole concept.
Although this could be a blessing in disguise. Maybe the fine people over at FairShake and Keller Lenkner can take this on like they did for DoorDash[0]?
https://help.ticketmaster.com/s/article/Terms-of-Use?languag...
What we need is a law invalidating contracts with blanket requirements to give up consumer protections and legal recourse against companies