California Uber X drivers are looking to file a class action lawsuit because they consider themselves Uber employees and not independent contractors.
More than 300,000 Uber drivers are employed in California where they are classified as independent contractors.
By keeping the California Uber X drivers from becoming actual employees, Uber Technologies Inc. avoids paying unemployment insurance, Social Security, workers’ compensation and other benefits.
Uber also is not reimbursing employees for gas, car maintenance, car cleaning, tolls and health insurance.
By not paying employee benefits and government-regulated fees, Uber has become a $60 billion company in only seven years.
California Uber X Drivers Claims
One of the factors to determine independent contractor status in California is the degree of control the company has over the person working for the company. An employee is under more control than an independent contractor is.
Uber claims to have little control over its drivers. California Uber X drivers disagree, saying Uber exhibits control over the drivers as well as supervision.
Uber has even controlled tips, stating that when a person obtains an Uber ride, the customer’s credit card charge includes the tip. California Uber X drivers argue that they never receive these tips.
In one recent settlement, Uber acquiesced to letting drivers tell customers or to post signs that tipping is NOT included with the fare. Still sending mixed messages, Uber’s website continues to state “there’s no need to tip.”
Uber also has no plans to add an option to tip through its app or to lower fares under the belief that most riders will leave cash tips.
Some California Uber X drivers are reluctant to explain to customers that tips are not included for fear of receiving low ratings and ultimately being dropped as an Uber driver.
Other California Uber Lawsuits
Uber failed when it tried to convince a US District judge to dismiss an Uber driver class action suit filed in San Francisco. U.S. District Judge Edward Chen said that Uber “would not be a viable business entity without its drivers… Uber’s revenues do not depend on the distribution of its software, but on the generation of rides by its drivers.”
In another case, the California Labor Commissioner determined that Uber owed one driver more than $4,000 in expenses for her time spent as an Uber driver. The Commissioner concluded that the driver was an employee of Uber.
What Can You Do?
If you are a California Uber X driver who feels you have been misclassified as an independent contractor, you could have a legal claim. An Uber class action lawsuit could help you collect unpaid wages, expense reimbursement and other benefits owed to those with employee status.
Join a Free California Uber Driver Class Action Lawsuit Investigation
If you are an California Uber driver, 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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