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Update:
- Uber has agreed to an $8.4 million settlement in order to resolve a class action lawsuit claiming the company misclassified its drivers. The settlement will cover the period prior to the enactment of California’s new gig-economy law, Proposition 22, and benefit around 1,322 California drivers who have opted out of Uber’s arbitration clause.
- Drivers wrote in a motion for preliminary approval filed Feb. 17 that, while the settlement doesn’t answer the question of whether they were misclassified, it will provide them “significant value.”
- “Although this settlement (once again) does not resolve the question of whether Uber drivers are employees under California law, it is nonetheless of significant value to class members,” the drivers said.
- Drivers had asked for a summary judgment in August, Law360 reports, arguing at that time that Uber had misclassified them under a California worker status test known as the ABC test, which was put in place as part of a new state law known as Assembly Bill 5.
- “Given the passage of Proposition 22, the import of that determination has been blunted, as it is unclear whether the answer to the question of whether Uber can satisfy the ABC test will determine drivers’ status going forward,” the drivers wrote in their motion for summary judgment.
- Drivers also argued in August that they should still be able to pursue claims from before Proposition 22, which allowed Uber to be exempt from new gig worker classification rules, was passed, Law360 reports.
Uber drivers in California scored a partial win after a federal judge agreed to certify claims that they were misclassified as independent contractors under state law.
This class action lawsuit, seeking to represent nearly 5,000 Uber drivers, was launched in April of 2020. The plaintiffs allege that the rideshare giant improperly classifies them and others, depriving its drivers of important benefits, including minimum wage, overtime, and sick leave. The complaint also charged Uber with failing to provide properly itemized pay statements and reimburse drivers for business expenses, such as gas and insurance.
In a Jan. 26 order, the court agreed to grant certification of the proposed Class for itemized wage statements and expense reimbursement; however, U.S. District Judge Edward M. Chen trimmed claims for minimum wage, overtime, and sick leave pay.
Explaining that claims for minimum wages, overtime, and sick pay would all hinge on individual evaluations of each Class Member’s claim, Chen dismissed those class action allegations. Judge Chen also addressed Proposition 22, a new voter-enacted California law that applies only to rideshare drivers.
The order notes that, though Prop 22 would exempt Uber from California’s more restrictive state labor laws, it cannot be applied retroactively to the class action lawsuit claims.
Judge Chen noted in the order “at most it forecloses damages in this case for conduct that occurred after December 16, 2020. That is to say, Prop 22 limits the class period.”
This class action lawsuit seeks to represent Uber drivers working in California between Feb. 28, 2019 and Aug. 31, 2020. Class Members must have opted out of Uber’s arbitration agreement to be included in this class action lawsuit.
Other Uber Class Action Lawsuits
This is but one of many legal actions Uber is facing over its use of independent contractors as drivers for the ride-hailing app, with the company facing another class action lawsuit lodged early this year over Prop 22. The lawsuit claims that Prop 22, reportedly written and heavily funded by Uber and other rideshare apps, leaves drivers with little pay and few options.
Uber has also been in the spotlight over a growing number of sexual assaults reported by drivers and riders alike. If you or a loved one was sexually assaulted while using an Uber or Lyft rideshare app, you may be able to join a free lawsuit investigation.
In Canada, Uber also faces a $400-million class action lawsuit lodged by drivers who say they are entitled to a minimum wage and a benefits package.
Are you an Uber driver in California? Do you believe that you’re being paid fairly? Tell us about your experience in the comment section below!
The lead plaintiffs and Class Members are represented by Lichten & Liss-Riordan, P.C.
The Uber Drivers Class Action Lawsuit is James, et al. v. Uber Technologies Inc., Case No. 19-cv-06462-EMC, in the U.S. District Court Northern District of California.
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
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14 thoughts onUber Drivers Given the Green Light on Certain Class Action Lawsuit Claims
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Mi nombre es oscar varela y trabajo con uber ya hace 2 años y creo que uber no nos da un pago justo y en algunas cosas viola nuestros derechos al obligarnos a hacer viajes que no convienen también en la aplicación ofrecen una cantidad de dinero y al terminar el viaje pagan menos
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