Read here about an important lawsuit brought by Uber drivers to recover the tips they should have received and reimbursement for expenses
The new license agreement that Uber e-mailed its drivers this year contains an "arbitration clause". This clause prevents you from joining together with other drivers to challenge Uber's practices that cost you money!
Uber drivers have filed a nationwide lawsuit protesting Uber not letting drivers keep all of the gratuity it charges to customers. The lawsuit also challenges Uber’s practice of telling passengers that the gratuity is included and not to tip the drivers, even though you are not getting a tip!! The lawsuit also challenges drivers being misclassified as independent contractors and thereby having to pay expenses that Uber should pay, like for gas and vehicle maintenance.
On December 5, 2013, the federal court issued a significant ruling denying Uber’s motion to dismiss this case. The ruling is a big victory for Uber drivers! It endorsed the plaintiffs’ legal theories and says that the drivers can pursue their claims for tips, as well as for misclassification and expense reimbursement, under California law. The court also agreed with the drivers’ argument that this case may cover drivers nationwide.
The next day, on December 6, 2013, the federal court issued another important ruling in favor of the plaintiffs regarding the arbitration clause. The court agreed with the plaintiffs’ argument that the arbitration clause could undermine drivers’ ability to participate in this class action and ordered that Uber provide “corrective notice” about the arbitration clause. Uber drivers should be receiving soon a notice through e-mail that gives them another chance to “opt out” of the arbitration clause so they may be a part of this case.
In the meantime, any Uber driver who wants to be a part of this case and pursue these claims can fill out this form and return it to the lawyers representing the Uber drivers.
This lawsuit covers Uber drivers all over the country. But in order to be included in this lawsuit, and receive any payments that may be recovered for Uber drivers, you must "opt out" of the arbitration clause so you can be covered by the lawsuit and be eligible to share in any recovery we obtain for Uber drivers
The deadline for opting out of the arbitration agreement was 30 days from when you accepted Uber's new license agreement. The judge may be extending this deadline, so send in your opt-out form right away if you want to be covered by this case.
If you have any questions, feel free to call the lawyers representing Uber drivers, Shannon Liss-Riordan and Sara Smolik, or their assistant Phil Acevedo. They have represented thousands of tipped employees, and employees who have been misclassified as independent contractors, all around the country. See their firm’s website for more information: www.llrlaw.com
In order to "opt out" of the arbitration clause, so that you can participate in the lawsuit, print this form and scan it, fax it, or mail it to the lawyers who are representing Uber drivers:
Lichten & Liss-Riordan, P.C.
100 Cambridge Street, 20th Floor
Boston, MA 02114
Tel: (617) 994-5800
Fax: (617) 994-5801
Uber cannot legally retaliate against you for opting out of the arbitration agreement or cooperating with the lawsuit.
Judge greenlights class-action lawsuit against Uber, drivers say they're being stiffed
SF Weekly | December, 2013
Uber drivers' suit over tips clears hurdle
San Francisco Chronicle | December, 2013
Cabbies duped by Uber given second chance
Courthouse News Service | December, 2013
Uber's Other Legal Mess: Drivers Sue Over Missing Tips
Businessweek | August, 2013
Lawsuit Alleges Uber Unfairly Withholds Tips From Drivers
SF Bay Guardian | August, 2013
Uber Drivers Sue Over Tips, Contractor Classifications
The Recorder | August, 2013
Uber Sued Again Over Tip-Skimming Claims, Case Could Go National
Xconomy | August, 2013