Paul Tassin  |  August 16, 2017

Category: Labor & Employment

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Uber-Settlement-BacklashA Florida Uber driver says the company’s no-firearms policy for drivers violates his concealed carry rights under Florida state law.

Plaintiff Jose Mejia says defendant Uber Technologies Inc. issued a new policy in June 2015 forbidding its drivers from carrying firearms while driving for Uber.

Mejia argues this policy violates a Florida law that forbids employers from impinging on their employees’ constitutional right to carry firearms.

Mejia has been driving for Uber since March 2016 in Florida’s Miami-Dade, Broward, and Palm Beach counties. He holds a Florida concealed carry license, and he wants to keep a firearm in his vehicle while he drives for Uber, the complaint states.

Mejia raises claim under Florida’s Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008. As quoted in this Uber class action lawsuit, the law purports to protect employee’s gun rights from restrictions by their employer, whether or not the employer is a public or private entity.

Among other requirements, the law says employers may not prohibit employees from possessing firearms that are locked inside a vehicle in a parking lot while the employee is in the area. Employers are also prohibited from conditioning employment on any agreement that prevents the employee from keeping a firearm locked inside a vehicle.

Employees affected by violations of this law can bring a civil lawsuit to enforce their rights against the employer, Mejia says.

Mejia’s claims rely on the notion that under Florida law, he is an employee of Uber and not merely a contractor. This issue of employee-versus-contractor is key to an entire wave of litigation brought against Uber over the past several years by drivers claiming the legal rights that employees are entitled to.

In one such claim recently filed in California, plaintiff Thomas McCartney seeks to compel Uber to provide California workers’ compensation benefits to drivers like himself who were injured while driving for Uber.

Uber has tenaciously disputed the idea that its drivers are employees. The company insists that they are independent contractors and that the company itself is merely a technology company that facilitates business transactions between riders and drivers, with no legal obligations to those drivers under any sort of employment relationship.

Mejia seeks to bring his claims on behalf of a plaintiff Class consisting of all Uber drivers in the state of Florida who are licensed to carry a concealed firearm between the date this Uber class action is filed and the date the class notice is disseminated.

He is asking the court to permanently enjoin Uber from imposing its allegedly unlawful no-firearms policy on its drivers. He also seeks an award of damages, court costs and attorneys’ fees.

Mejia is represented by attorneys Jared H. Beck, Elizabeth Lee Beck and Beverly Virues of Beck & Lee Trial Lawyers, and by Antonio G. Hernandez of Antonio G. Hernandez PA.

The Uber Florida Concealed Firearm Class Action Lawsuit is Mejia v.Uber Technologies Inc., Case No. 0:17-cv-61617, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Feb. 16, 2018, a federal judge abruptly tossed a class action lawsuit alleging Uber’s no-firearms policy violates drivers’ rights finding that the plaintiff failed to show how he had been injured by the policy.

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9 thoughts onUber Class Action Says No-Firearms Policy Violates State Law

  1. Icey Dyanne says:

    add me IL

  2. Edwin Ramos says:

    Add me to wisconsin

  3. Edwin Ramos says:

    Add me wisconsin

  4. tim says:

    exactly

  5. Evelyn L Steele says:

    Add me please

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  6. Thomas Fenwick says:

    Let me know if this class action extends to Illinois please.

  7. Frank says:

    If you look at the uber website it has at the bottom of their firearm policy a * that state to the extent of applicable state laws. So with out saying it you can carry as a driver or passenger if you have a licence to do so.

  8. Mike says:

    So you’re NOT an employee when it’s about having employee rights but you ARE an employee when it’s all about restricting your rights.

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