The employment status of California Uber drivers has been called into question, after numerous drivers have filed for compensation of missed wages.

These missed wages include numerous out of pocket expenses, missed meal breaks, and lack of any minimum wage benefits.

Uber employs over 300,000 California drivers alone, and is one of the most popular ride service companies in the country.

However each of these drivers are classified as independent contractors, instead of employees, which allows the company to avoid paying costs relating to unemployment insurance and workers’ compensation.

By being classified as independent contractors, Uber drivers are also denied reimbursement for out of pocket expenses including: gas, car maintenance, tolls, and health insurance.

But Uber drivers have argued that they are required to routinely work an unpredictable and demanding schedule, but do not making a living wage.

The employment status of California Uber drivers is being examined not only for these alleged labor violations, as well as the numerous expenses the share ride company dodges by doing classifying them as independent contractors.

Uber classifies itself as a “technology company”, which connects people with drivers willing to provide a ride. Yet, Uber drivers allege the company lies to customers about how the drivers are paid.

Uber reportedly tells customers the drivers tips are included in the ride fare and discourages from tipping drivers directly. However, Uber drivers state that the gratuity tips included in the fare is not distributed to them at all.

Overview of Uber Driver Employment Litigation

Uber gained massive popularity through its accessibility as a mobile phone application, which allows customers to hail a driver who signed up to be one through the service.

The ride share company argues that the drivers who sign up are independent contracts, and are therefore not entitled to the protections guaranteed by California labor laws.

The main factor in determining the employment status of California Uber drivers, is the amount of control the company has over its drivers.

While drivers allege that the their schedule is both unpredictable and demanding due to the company’s requirements, Uber argues it has little control over the actions of its drivers.

Uber drivers claim that the way they signed up to be drivers does not determine their employment status, and the company has considerable control and supervision over its drivers.

Recent court rulings have agreed when examining the employment status of California Uber drivers.

In August 2015, the California Labor Commissioner declared Uber drivers were employees and that an Uber driver was owed over $4,000 in expenses.

Furthermore a recent ruling from U.S. District Judge Edward Chen also favored the drivers, stating that Uber “would not be a viable business entity without its drivers.” Judge Chen stated that Uber depended on the rides provided by its drivers and not on “the distribution of its software.”

While the employment status of California Uber drivers is called into question, California drivers may be able to file legal action. Potential claimants should contact a specialized lawyer, to determine their eligibility for compensation.