Joanna Szabo  |  October 7, 2015

Category: Labor & Employment

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Uber driverA California federal judge has taken on a Fair Labor Standards Act (FLSA) lawsuit against Uber Technologies Inc. The Uber FLSA lawsuit alleges that the car sharing company denied drivers adequate and proper wages and overtime payment.

In September, U.S. District Judge Edward M. Chen brought the Uber FLSA lawsuit under his purview by reassigning a Los Angeles driver’s Uber lawsuit to him. Driver Greg F. the Uber driver in question, alleges that the company failed to pay him proper wages and overtime.

Judge Chen added this FLSA lawsuit to his docket because he has been overseeing a class action lawsuit brought by Uber drivers who allege the company mislabeled them as independent contractors. The Uber class action lawsuit also claims that Uber cheated drivers out of tips that they rightfully earned.

Uber Lawsuits

Judge Chen recently certified the Uber class, giving the plaintiffs in that class action lawsuit an early victory. Uber had claimed that its drivers were properly classified as contractors, but Judge Chen found that this statement conflicted with the company’s argument that their drivers’ Uber experiences were too different to be given a class certification.

While the Uber class action lawsuit addresses the issue of Uber drivers’ earned tips, Greg’s Uber FLSA lawsuit makes other wage claims, including the allegation that Uber has not properly compensated Greg his overtime hours. Greg alleges that he, and many other Uber drivers, have worked shifts exceeding eight hours, without being fairly compensated for their overtime work.

Judge Chen has said that although the Uber cases he is overseeing involve different issues, the legal questions may ultimately hinge on whether or not Uber drivers are considered independent contractors or employees. In this interest, Judge Chen seeks to consolidate all of the Uber cases to determine the employment status of Uber drivers and issue consistent verdicts following that determination.

The Uber FLSA Lawsuit is Case No. 4:15-cv-03774, in the U.S. District Court for the Northern District of California.

The Uber Class Action Lasuit is O’Connor, et al., v. Uber Technologies Inc., et al., Case No. 3:13-cv-03826, in the U.S. District Court for the Northern District of California.

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