Uber Driver Class Action Lawsuit Alleges Misclassification, Labor Violations

An Uber driver in Arizona has filed a class action lawsuit against the transportation network company for alleged violations of the Fair Labor Standards Act.

Plaintiff Jay Bonke alleges that as an Uber driver, he has been shorted wages, breaks, tips and more in his employment with Uber.

He also alleges that he and other Uber driver individuals are misclassified under independent contractor status when they should be classified as employees.

Bonke began working as an Uber driver in October 2014 and works on average 40-50 hours per week for the company, according to the proposed Uber class action lawsuit.

On average, Bonke reports earning $500-$750 per week and incurs $275 worth of expenses each week to cover gas, insurance and car repairs, according to the claim. This equals a rate of $7.70 per hour, which is less than Arizona’s minimum wage, Bonke states.

At the end of 2015, Uber issued a new contract with its drivers, a “Technology Services Agreement” that contained a class action waiver arbitration provision, which Bonke says he opted out of by emailing Uber.

Uber Driver Lawsuit Allegations

Bonke asserts that Uber controlled Uber driver wages, hours and working conditions, regulating every aspect of the job performance, and terminated employees at will. Uber also required that each Uber driver register his or her vehicle with the company, and the vehicle cannot be more than ten years old, Bonke states.

Bonke says that Uber also misrepresents to drivers the amount of income they could earn as an Uber independent contractor.

“Uber told Plaintiff that drivers can earn $2,000 a week by driving for Uber. Plaintiff did not earn the guaranteed hourly pay that Uber promised, regardless of the fact that the Plaintiff worked more than a 40-hour week,” the claim reads.

Bonke also states that Uber does not compensate drivers for gratuity and misleads riders to think that the tip is included in the cost of the fare. He cites several statements from Uber advertisements that point to the idea that the tip of an Uber driver is automatically included

The Uber class action lawsuit goes on to state, “In addition to its deceptive and unlawful practice regarding tipping, Uber misclassifies its Drivers, including Plaintiff and absent class members, as independent contractors when they should be treated as employees.”

Bonke seeks to represent a class of the following: “All natural persons who have driven for and/or who continue to work for Uber as an Uber driver within the State of Arizona from 2010 and continuing.”

He has brought forth eight counts in the Uber class action lawsuit including: violations of Arizona law, tortious interference with contract and business relations, breach of contract, unjust enrichment, conversion, fraud and/or intentional or negligent misrepresentation, promissory estoppel, and violations of Fair Labor Standards Act.

Along with class certification, Bonke is requesting injunctive relief, declaratory relief, liquidated damages, and other damages including compensatory, punitive, and treble damages, as well as attorneys’ fees and costs and pre-and post-judgment interest.

The Uber Driver Class Action Lawsuit is Bonke v. Uber Technologies Inc., et al., Case No. 2:16-cv-01534, in the U.S. District Court for the District of Arizona.

Join a Free Uber Driver Class Action Lawsuit Investigation

If you are an Uber driver who lives in Indiana, Central or Southern Illinois, or Wisconsin, you may be eligible to join a class action lawsuit investigation into claims they you were misclassified as independent contractors. Find out if you qualify.

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