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 has now been set for trial in June 2016!
We won a major victory on March 11, 2015, when the judge overseeing the case, Judge Edward M. Chen, of the federal district court in San Francisco, denied Uber’s motion for summary judgment! In his decision, the judge agreed with many of our arguments about why Uber drivers may be properly classified as employees. Click here to read the court’s summary judgment decision. Under the court’s order, the case will go to trial before a jury. See the news stories below for reports on the ruling.
We won another important victory on September 2, 2015, when the court certified the case as a class action. Click here to read the court’s class certification decision. Under this decision, the case will now include all drivers who have contracted with Uber directly and in their own name (not through intermediate companies) in California since 2009 -- but not current drivers or any drivers who have driven since June 2014 (unless you opted out of Uber’s arbitration clause).
SO IF YOU HAVE DRIVEN FOR UBER SINCE JUNE 2014 – OR IF YOU HAVE DRIVEN FOR UBER AT ANY TIME IN CALIFORNIA THROUGH A CORPORATE NAME OR AN INTERMEDIATE COMPANY (LIKE A LIMOUSINE COMPANY) – and you want to be part of this case, you will need to CONTACT OUR FIRM and sign up to bring your claim individually. Nearly two thousand Uber drivers from around the country have already contacted us to join our list.
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 licensing agreement, PLEASE CONTACT US to obtain a form to return to us so that we can pursue an individual claim for you, in the event that we have to pursue these claims individually, rather than through the class action.
In a recent decision, the California Labor Commissioner ruled that an Uber driver was indeed an employee, not an independent contractor, and ordered Uber to reimburse the driver for her expenses. However, Uber has appealed the decision, which will be reviewed de novo in court, and so the driver who won the case has not yet received reimbursement and will have to await the outcome of court proceedings. The remedy ordered by the California Labor Commissioner is the same remedy we are seeking for all Uber drivers in the class action lawsuit. This decision was a great result and may be helpful to our lawsuit.
In addition to the decision by the California Labor Commissioner, the California Unemployment Insurance Appeals Board has ruled that an Uber driver is an employees eligible to obtain unemployment benefits. Similarly, the Bureau of Labor and Industries of the State of Oregon has recently issued an Advisory Opinion that Uber drivers are employees.
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 or 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 the court’s summary judgment order of March 11, 2015.
Click here to read the court’s class certification order of September 2, 2015.
Click here to read a transcript of the summary judgment hearing held on January 30, 2015.
Click here to read a transcript of the class certification hearing held on August 6, 2015.
In order to join our list of drivers interested in the case, and to sign up for us to represent you individually in the event that we need to pursue individual cases (such as in arbitration) to collect any wages that may be owed to you based on Uber’s misclassification of drivers, PLEASE CONTACT US to obtain a form to return to us. To stay informed, and be added to our list of drivers interested in the case, please e-mail your name and contact information to:
Lichten & Liss-Riordan, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Tel: (617) 994-5800
Fax: (617) 994-5801
Elizabeth Lopez, Paralegal
Shannon Liss-Riordan, Lead Counsel
Adelaide Pagano, Associate Attorney
Uber cannot legally retaliate against you for cooperating with the lawsuit.
Uber Drivers Suit Granted Class-Action Status
The Wall Street Journal | September 2015
A Federal Judge Just Shredded Uber's Arguments Against a Major Class-Action Lawsuit
Slate | September 2015
California Court Gets One Step Closer to Deciding Uber's Fate
Time | August 2015
California labor regulators blast a big hole in Uber's 'sharing economy' dodge
Los Angeles Times | June 2015
Uber driver was employee, not contractor, California commission says
The Wall Street Journal | June 2015
Case against Uber seeks to reclassify drivers as employees, not contractors (Audio Interview)
SiriusXM News | May 2015
How one woman could destroy Uber's business model - and take the entire on demand economy down with it
New York Magazine | April 2015
What strippers can teach Uber
Medium | April 2015
Uber, Lyft cases could help clarify drivers' legal status
Wall Street Journal | March 2015
Uber, Lyft lawsuits could spell trouble for the on-demand economy
Time | March 2015
The lawsuits that could change Lyft and Uber forever (Video)
Bloomberg News | March 2015
What’s at stake if Uber and Lyft’s labor models go to trial
The Wall Street Journal | March 2015
Juries to decide landmark cases against Uber and Lyft
Forbes | March 2015
The hidden costs of being an Uber driver
Washington Post | February 2015
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
The inconvenient truth about ride-sharing
Boston Globe | December 2014
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