Uber driver misclassification $8.44M class action lawsuit settlement

Update:

• Final approval was granted for this class action settlement Aug. 9, 2022.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Uber will pay $8.44 million as part of a 2022 class action lawsuit settlement over the alleged misclassification of drivers as independent contractors instead of employees.

The settlement benefits Californians who used the Uber app as a driver between Feb. 28, 2019, and Dec. 16, 2020, or the Uber Eats app as a driver between June 28, 2016, and Oct. 7, 2021. Class Members are only eligible if they opted out of Uber’s arbitration clause.

Uber drivers use the app to both ferry people between locations and, in the case of Uber Eats, deliver food to customers. For the most part, Uber drivers and considered independent contractors for tax purposes.

Employees are covered by labor laws and guaranteed benefits such as minimum wage, breaks, and overtime. Independent contractors are not guaranteed any of these benefits.

The classification of gig economy drivers has been hotly debated over the years. Some states such as California and, more recently, Washington have passed their own laws to protect drivers and give them more rights. 

According to two class action lawsuits against the rideshare company, Uber drivers should not be classified as independent contractors. Instead, the plaintiffs contend, drivers should be considered full employees and granted all the benefits of that classification.

The Uber driver misclassification class action lawsuits argue Uber should have classified them as employees but chose to misclassify drivers so it wouldn’t have to reimburse costs such as phone usage and vehicle related expenses. This misclassification allegedly violated California law.

Uber hasn’t admitted any wrongdoing but agreed to settle the two class action lawsuits against it with a $8.44 million settlement.

Under the terms of the deal, Class Members can receive a cash payment. Payments will vary depending on the number of miles driven by each claimant while using the Uber or Uber Eats apps.

According to the settlement website, assuming 100% of all eligible Class Members file a claim, each claimant would receive an average of $4,750. 

Lower participation rates will result in higher payments for Class Members. For example, assuming a 50% participation rate, average payments would be $9,500.

If any funds remain after the first distribution of checks, Class Members may receive a second payment. This will only occur if there are enough residual funds to warrant second payments of at least $100. If not, excess funds will be distributed to Legal Aid at Work, a non-profit that provides free legal services to workers.

The deadline for exclusion and objection is June 27, 2022. 

The final approval hearing for the Uber driver misclassification class action lawsuit settlement is scheduled for July 14, 2022.

In order to receive a payment from the Uber misclassification lawsuit settlement, Class Members must submit a valid claim form by June 27, 2022.

Who’s Eligible

Californians who used the Uber app as a driver between Feb. 28, 2019, and Dec. 16, 2020, or the Uber Eats app as a driver between June 28, 2016, and Oct. 7, 2021.

Class Members are only eligible if they opted out of Uber’s arbitration clause.

Potential Award

$4,750 (Varies).

• Payments will vary depending on the number of miles driven by each claimant while using the Uber or Uber Eats apps.
• According to the settlement website, assuming 100% of all eligible Class Members file a claim, each claimant would receive an average of $4,750. 
• Lower participation rates will result in higher payments for Class Members. For example, assuming a 50% participation rate, average payments would be $9,500.

Proof of Purchase

No proof of purchase is applicable; however, Class Members will need a Claimant ID.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/27/2022

Case Name

James, et al. v. Uber Technologies Inc., Case No. 3:19-CV-06462-EMC in the U.S. District Court Northern District of California

Final Hearing

07/14/2022

Settlement Website

JamesvUber.com

Claims Administrator

James et al v Uber Technologies Inc
P.O. Box 26170, Santa Ana, CA 92799
888-427-9230
jamesvuber@simpluris.com

Class Counsel

Shannon Liss-Riordan
Anne Kramer
LICHTEN & LISS-RIORDAN PC

Defense Counsel

Theane Evangelis
GIBSON, DUNN & CRUTCHER LLP