USA: Lawsuit By Uber Drivers To Recover Tips

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!!

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. 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. A similar unemployment decision is under consideration now in Florida as well.

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 elopez@llrlaw.com, or sliss@llrlaw.com

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.