Extract to table

" The arbitration clause provides that any dispute, claim, or controversy arising out of or relating to the agreement, or arising out of or relating to the driver's relationship with SLG (including, without limitation, claims under federal, state, or local statutes, regulations, or common law), shall be resolved exclusively through final and binding arbitration on an individual basis

and that the arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services, Inc

The arbitration clause further provides that SLG shall bear all arbitration filing fees and administrative costs, regardless of the outcome of the arbitration, and that the arbitration shall take place in the metropolitan area closest to the hub where the driver primarily performed services, thereby minimizing travel burden on the driver

0 also includes a delegation clause in Section 14(e), which provides that any questions of arbitrability — including, without limitation, questions concerning the existence, scope, validity, or enforceability of the arbitration clause, the collective action waiver, or any other provision of Section 14 — shall be decided exclusively by the arbitrator, and not by any court

These differences are not trivial or incidental — they go to the heart of the factual and legal inquiry under the FLSA and demonstrate that individualized analysis, not collective treatment, is required to determine the employment status of each driver