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 sent to its drivers last year contains an "arbitration clause". This clause prevents you from joining together with other drivers to challenge Uber's practices that cost you money!
A federal court has ruled that drivers should get another chance to “opt out” of the arbitration clause so that you will be eligible to participate in a national class action lawsuit. The court ordered Uber to send out a new notice to drivers with a new chance to “opt out” of the arbitration clause, which is being sent out shortly. If you want to participate in this case, and share in any recovery of damages the drivers might recover, you need to “opt out” of the arbitration clause within 30 days of accepting this new agreement. You can “opt out” by submitting this form to the lawyers representing the drivers, or you can e-mail Uber directly at firstname.lastname@example.org and tell Uber you want to “opt out” of the arbitration clause.
WHAT THE CASE IS ABOUT
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 that gives them another chance to “opt out” of the arbitration clause so they may be a part of this case.
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 is 30 days from when you accept Uber's new license agreement.
If you have any questions, feel free to call the lawyer representing Uber drivers, Shannon Liss-Riordan, or her paralegal assistants Elizabeth Lopez and Phil Acevedo. They can be reached at (617) 994-5800, or by e-mail at email@example.com and firstname.lastname@example.org. Attorney Liss-Riordan has 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.comDOWNLOAD ARBITRATION OPT-OUT FORM
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 lawyer who is representing Uber drivers:
Uber cannot legally retaliate against you for opting out of the arbitration agreement or cooperating with the lawsuit.
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