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Uber wages class action overview:
- Who: Four Uber drivers are suing the rideshare company.
- Why: The plaintiffs say the company misclassified them as independent contractors.
- Where: The Uber wages class action was filed in a California federal court.
Uber misclassified its drivers as independent contractors, underpaying them on wages, overtime and other benefits they were due, a new class action lawsuit alleges.
Plaintiffs Taje Gill, Craig Lambert, William Collignon and Christina Ferreira filed the class action lawsuit against Uber Technologies Inc., Raiser LLC, Portier LLC and Schleuder LLC on Feb. 3 in a California federal court, alleging violations of the Fair Labor Standards Act (FLSA).
The plaintiffs are all current or former drivers who opted out of the arbitration agreement in their employment agreements with Uber, they say.
“Uber has misclassified its drivers and thereby deprived them of protections they are entitled to under the FLSA and California Labor Code,” the lawsuit alleges.
Based on the drivers’ alleged misclassification as independent contractors, Uber failed to guarantee and pay its drivers for all of the hours they worked at minimum wage and also failed to pay overtime for hours worked in excess of eight hours per day or forty hours per week.
Uber also failed to provide properly itemized wage statements for its drivers and made them pay for their own business expenses, including gas, insurance and data, the lawsuit states.
Uber tried to dodge liability through false classification, lawsuit alleges
While Uber attempted a “carve-out” from California statute that requires it to pay its workers as employees, it did not obtain such an exemption, the lawsuit states.
“Nevertheless, Uber has defied this statute and continued to classify its drivers as independent contractors… This ongoing defiance of the law constitutes willful violation of the California Labor Code,” it says.
Uber tried to “shield itself from liability for its blatant minimum wage violations” by misclassifying its drivers as independent contractors, the drivers say.
However, Uber drivers are employees, they argue. They say they are required to follow detailed requirements imposed on them by the company, and they are graded, and subject to termination, based on their failure to adhere to these requirements, as an employee is.
The plaintiffs seek to represent all current and former California Uber drivers and are asking for certification of the class action, unpaid wages, unpaid expenses, damages, fees, costs and a jury trial.
Meanwhile, a settlement agreement worth $8.4 million between Uber and drivers who argued they were misclassified as independent contractors was last year approved by a California federal judge.
What do you think of the allegations against Uber in this case? Let us know in the comments.
The plaintiffs are represented by David R. Markham, Maggie Realin and Lisa Brevard of Markham Law Firm, Catherine E. Anderson of Giskan Solotaroff & Anderson LLP, Roosevelt N. Nesmith of Law Office of Roosevelt N. Nesmith LLC and Russell S. Warren Jr. of Law Office of Russell S. Warren Jr.
The Uber class action lawsuit is Taje Gill, et al. v. Uber Technologies Inc., Case No. 4:23-cv-00518-KAW, in the U.S. District Court for the Northern District of California.
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29 thoughts onUber class action alleges company fails to pay adequate minimum, overtime wages
Rip off
Estoy en la misma situación que comentan los demás. Comencé con Uber Eats en agosto de 2020 y ya llevo casi 14 mil viajes en este negocio. Al inicio todo bien, el 75% de la tarifa/viaje era para mi y eso más la propina me ayudaba a ganar entre $20 y $25 / hora. De hace un año a la fecha me percaté que solo me pagan la tercera parte de la tarifa generada por viaje, esto significan que me roban alrededor de $50/día, esto es mucho para un pequeño emprendedor como yo. Apenas puedo pagar mis cuentas y menos ahorrar para desarrollar futuros proyectos que me permitan salir de Uber. Estoy en un círculo vicioso sin salida. Uber dice que somos socios, pero no es así como se comporta. Nota. Tengo información estadística de mis viajes para probar lo que acabo de escribir.
I have driven for Uber for 7 years and moved from California to Florida in September 2021 and as of today have given 22,683 trips. I am still working “FOR” them, but it is so, so hard because they are paying me so little for rides that it is incredibly insulting to me. Today, I worked 10 hours and 16 minutes and made 24 trips. I only made $172.08 before tips. But I only made $15.64 in tips. I spent $37.87 to fill up my hybrid vehicle this evening. I don’t know what they are doing to me, because I used to make more in tips, but they have been having me download an app update every few days. They are giving me many $3 and $4 rides that take 15-20 minutes with the driving time to get to the passengers. If I was really a true independent contractor, I would NOT charge $3-$4 or even $5 for 15-20 minutes of my time because that isn’t even worth it. My last routine maintenance cost me over $300 because I had to have a front brake job. In a couple of months, I’m going to need a back brake job, and then after that I am going to need to buy new tires. This is ridiculous! We aren’t making enough to make a decent wage and cover our gas, car maintenance, insurance, and have enough left over to save for our federal income taxes. It is a horrible company to work for, and because we aren’t able to have any control over the fare, then we aren’t really independent contractors. Calls to Uber driver support go to India, and I even tried asking them if they are charging rates that are applicable to India, because they aren’t applicable to the United States. I would want to be included in any class action lawsuit against them because this just isn’t right. I also offer water and chargers for my passengers free of charge. But Uber is now taking about 50 percent of the fare. That is highway robbery. When I started back in 2016, they only took 20-25 percent. Oh, and also, this evening about 6:30 p.m., I tried to put in a destination but I got an error message saying that they weren’t offering destinations for drivers at that time. Why? Probably because they want to control us some more. I have tried my best to get another job, but haven’t had any luck. I have sometimes wondered if Uber is behind that. Uber recently changed its Quest incentive bonus from number of rides to a dollar amount that we have to reach — before tips — before we can get the bonus. So, instead of trying to reach 60 rides, we now have to reach a certain dollar amount before we can get it. At first I thought it was a good thing because it used to stress me out to try to get to 20 rides a day because that is a lot. But I have been making less money with this new incentive program. But now Uber should be able to clearly see that we aren’t being paid enough to cover the use of our car and time. My insurance is more than $250 per month, and I even lowered my coverage. Please help us.
I been sitting on Uber’s app not getting any deliveries. I think the point of them classifying us as contractors is so they can treat us any way they want to. They don’t give me any deliveries once so ever. I sit for hours on their platform in busy areas and when I contact support about it they tell me to do what I been doing. Sit in a busy area, go out at busy times. Either that or they say it is a demand issue but still put busy areas up and no orders come in. I feel like they should have been regulated a long time ago.
I’m a Uber and Lyft driver in Charlottesville Virginia.. Both companies are paying us like crap.. paying them self’s 50% or more . Lyft gas n drive 40 min to go get s as customer as I was getting off exit within 3 miles after traveling 30 min for this pickup They all all of a sudden took my ride sndd SC gave to another driver who was closer then give me a 4 dollar ride instead .I was pissed! I texted them and demanded pay for my 30 min travel and time and they just pushed me under bus 😡 Ive gotten many bad experiences. Another situation was I picked up a woman from Waynesboro Virginia and drove her all the way to Petersburg Richmond, which was almost 2 hours. The customer told me that Lyft charged her $180 and they ended up paying me $83 which was absolute bullshit. Lyft and Uber need to compensate drivers and stop stealing their pay and undercutting them. !
Uber is definitely a piece of crap if a company! Customer service is rude and keeps transferring you 5-6 times! The money is a whole joke. Is drivers are making this man rich while we scrap for Pennie’s! They lie about the fine on the app that it will take you to drop a customer off! They lie about everything! I hate this company and would love to see them go down! Please add me to the list of being a supporter of this company falling!
How about in NY we pay for commercial insurance plus plates our own gas phone and everything else. Count me in
I’ve worked for uber for 6 years and did full time since Covid I’ve probably put over 110,000 miles on two cars I’ve almost used 60,000 miles on my less than 2 year old car and will be out of the warranty in about a year or so and have 5 more years of hefty payments of almost $600 a month when it breaks down after my warranty expires I’ll be screwed uber has had terrible drivers support I’ve been harassed threatened and sent to dangerous areas I’ve barely made enough to sustain my family even when I’ve worked 60 hours a week they’ve split my quest availability because I live between two different zones according to them robbing me of much needed money I’ve wore two cars out and sometimes don’t even make minimum wage then they punish me if I won’t accept $3 for a 10 mile 30 minute trip they only are interested in making money off my car and me then I’m disposable when I have no car due to the constant ware and tare I want them to provide assurances and correct compensation and gas if they want to take sometimes half of my income it seems the system is only set up for the riders and uber not the actual workers using all of our own money and cars to make them money this is ridiculous I’m facing eviction because I can’t make enough money to pay my bills I can go on and on about other complaints us drivers should strike and stand together just like every other large companies and unionize to protect our rights we have the right to do that
How can we stop this piece of s Company? They are most crap Company ever!!! While the CEO makes millions a year we work 70 hours a week to make less than 12 dollars per hour! I can’t believe no one can stop this crap Company!
As you as you find out let me know!.. im sick of their asses
I worked for Uber from 10/07/2015 – 02/14/2021 and sometime made minimum wage. I also had to pay my own gas, phone, car insurance, food and car maintenance ..Sometimes I ended up having to pay toll and sometimes they didn’t pay tolls on 110 north & 110 south and 91 west & east tolls that they were supposed to cover. Please add me to this.
I worked for Uber from 2016-2019 and barely ever made minimum wage. I also had to pay my own gas, data, everything. Sometimes I ended up having to pay tolls that they were supposed to cover. Please add me to this.
I worked for Uber from 2018-2023 and was over worked /under paid also depreciated my car from all the miles . I would like to be a part of this class action lawsuit.