An Uber driver ruled an employee (instead of an independent contractor) by the state Labor Commissioner won’t be required to have her case heard by arbitrators. A San Francisco Superior Court judge ruled the case of driver Barbara Berwick would remain in the courts, according to court records. Bloomberg reported that Uber plans to appeal the decision.

Uber contends its drivers are independent contractors, not employees. However, some drivers have pushed back claiming they were misclassified as independent contractors and should be considered employees. The drivers took Uber to court in a separate case in federal court that was recently approved as a class action suit.

Staffing Industry Analysts ranks Uber as the largest online work services firm.