Uber drivers have filed a class action lawsuit claiming they have been misclassified as independent contractors and are entitled to be reimbursed for their expenses that Uber should have to pay, like for gas and vehicle maintenance. 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 case is moving forward, and we are now looking forward to the court’s ruling on summary judgment. At a hearing held on January 30, 2015, the judge overseeing the case, Judge Edward M. Chen, of the federal district court in San Francisco, made strong comments indicating that he is likely to deny Uber’s motion for summary judgment and believes the drivers may prove their claim that they have been misclassified as independent contractors. See the news stories below for reports on the hearing.
Assuming Judge Chen denies Uber’s motion, the next step will be for us to file for class certification, which would define the scope of the case and which drivers can be covered under it. One issue that is likely to arise has to do with the arbitration clause that Uber began distributing to drivers just before this lawsuit was filed. The court has not yet ruled on whether this clause is enforceable. If the judge enforces the arbitration clause and you did not opt out of the arbitration clause within 30 days of accepting the agreement, you may not be covered by the class action and may have to pursue an individual case against Uber. We will bring individual cases for drivers who may be bound by the arbitration clause. So if you did not opt out of Uber's arbitration clause within 30 days of accepting the agreement, please CONTACT US if you want us to pursue an individual arbitration case for you, so that you can be covered by the result we obtain. If you accepted an Uber contract within the last 30 days, you can still opt out of the arbitration clause by emailing firstname.lastname@example.org and saying you want to opt out of the arbitration clause, or send us your opt out form below and we will submit it for you.
We filed this case on behalf of Uber drivers across the country. In an early ruling, the court agreed with us that the case could proceed on behalf of drivers nationwide. In a later ruling, however, the judge changed his mind and limited the case to drivers in California.
We think this decision was incorrect and we plan to appeal it. But meanwhile, if you have driven for Uber anywhere in the United States, and did not opt out of the arbitration clause within 30 days of accepting Uber’s agreement, please CONTACT US so that we can pursue an individual arbitration claim for you.
If you have any questions, feel free to call or email Shannon Liss-Riordan, the lead attorney representing the Uber drivers, or her paralegal assistant, Elizabeth Lopez, at (617) 994-5800, at email@example.com, or firstname.lastname@example.org.
Attorney Liss-Riordan and her firm have represented thousands of tipped employees, and employees who have been misclassified as independent contractors, all around the country. See her firm’s website for more information: www.llrlaw.com.
Click here to read a copy of the lawsuit complaint.
Click here to read a transcript of the summary judgment hearing held on January 30, 2015.
In order to stay informed, and be added to our list of drivers interested in the case, please fill out and send us this form, or e-mail your name and contact information to:
Elizabeth Lopez, Paralegal
Uber cannot legally retaliate against you for cooperating with the lawsuit.
Some Uber, Lyft drivers want employee status (Video)
CNBC | February, 2015
Attorney suing Uber, Lyft in independent contractor case won similar fights for FedEx drivers, strippers (Video)
San Francisco Business Times | February, 2015
Judges skeptical of Uber-Lyft claims in labor cases
The Wall Street Journal | February, 2015
Before Uber revolutionizes labor, it's going to have to explain these embarrassing emails
The Verge | January, 2015
Internal Uber e-mails reflect company's brash reputation
SF Gate | January, 2015
Suits seek to force Lyft and Uber to treat drivers as employees
Buzzfeed | January, 2015
Video: Uber anger: lawsuit claims drivers treated unfairly
WGBH | November, 2014
Audio: Shannon Liss-Riordan - Unfair treatment of Uber Drivers
WRKO | July, 2014
New lawsuit claims Uber exploits drivers
Boston Globe | June, 2014
Judge to Uber: Let drivers join class-action lawsuit
SF Gate | June, 2014
This Boston lawyer could be Uber's nemesis as it eyes expansion
Xconomy | May, 2014
Judge orders Uber to change ADR clause
The Recorder | May, 2014
Drivers accuse car app Uber of dictating terms, skimming tips
Aljazeera America | April, 2014
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 Sued Again Over Tip-Skimming Claims, Case Could Go National
Xconomy | August, 2013