The question of rights for California Uber drivers has been debated since the company’s inception, as drivers fight for representation that can hold Uber legally accountable.

Uber drivers in California have demanded the right to organize themselves, hoping to form a union.

In response, the ride-sharing company created what they are calling “associations” for drivers in order to give them some semblance of a democratic voice to organize in concert with the mega-company.

The association intended to support rights for California Uber drivers came about as a result of a proposed $100 million legal settlement over Uber driver classification.

Uber’s press release regarding the associations says they are meant to protect rights for California Uber drivers and would provide a platform for drivers to collectively voice their concerns to Uber management once each quarter.

However, unlike a union, these associations would not allow Uber drivers any collective bargaining rights. This means that drivers still have no direct say in changing their working conditions.

These drivers’ associations also do nothing to change the classification of drivers as independent contractors rather than employees, denying them basic employee rights and benefits. Many drivers have brought litigation against Uber over this critical non-employee classification.

The plan for these Uber driver associations comes at a time when drivers desperately want representation. Not only are drivers fighting over their classification as independent contractors, but they are also fighting to keep their jobs.

Uber has introduced a new policy on what they are calling driver “deactivations,” or in other words, firing their drivers. Uber drivers who find themselves deactivated are sometimes left with nothing more than a seemingly arbitrary reason.

The associations representing rights for Uber drivers in California will also allow for peer review of disputed deactivation cases.

Employee Rights for California Uber Drivers

The company classifies its drivers as independent contractors, but some California Uber contractors are saying that they are being purposely misclassified so that Uber can avoid paying a number of expensive employee expenses, including essential benefits.

By classifying those who should be considered employees as California Uber contractors, the company can avoid paying unemployment insurance, Social Security, workers’ compensation, and other benefits.

California Uber contractors are also expected to use their own money to pay for a variety of work-related expenses, such as gas, car maintenance and tolls.

These expenses would be covered by the company if the drivers were classified as employees instead of as independent contractors.

Some of the California Uber contractors involved in these lawsuits have also claimed that Uber denies drivers their tips. Uber allegedly does this by adding gratuity to the ride fair, but not passing it on to the drivers. Uber also allegedly discourages its customers from tipping the driver on top of the included gratuity.

Some Uber lawsuits allege that the company avoids classifying its drivers as employees by self-identifying as a “technology company,” or an app that connects riders with rides and hires independent contractors to provide those rides, rather than a “transportation company” that directly employs drivers.

If you have worked as a Uber contractor in California and been denied overtime, tips, expenses, or any other injury as a result of being classified as an independent contractor instead of an employee, you may be able to file a lawsuit or join an existing class action lawsuit.