Uber class action lawsuit overview:
- Who: A Massachusetts Uber driver filed a class action lawsuit against Uber Technologies Inc.
- Why: The plaintiff claims Uber misclassifies drivers as independent contractors, forcing them to pay business expenses and forgoing paying them minimum wage and overtime.
- Where: The Uber class action lawsuit was filed in Massachusetts federal court.
A new class action lawsuit claims Uber Technologies misclassifies its drivers as independent contractors when they should be classified as employees under Massachusetts law.
The plaintiff filed the class action complaint against Uber on July 3 in Massachusetts federal court, alleging violations of state employment laws.
Uber, a ride-hailing service based in San Francisco, engages thousands of drivers in Massachusetts who can be hailed and dispatched through a mobile phone application to transport riders, the plaintiff says.
Based on the drivers’ misclassification as independent contractors, Uber has unlawfully required drivers to pay business expenses (including, but not limited to, the cost of maintaining their vehicles, gas, insurance, phone and data expense, and other costs) in violation of Massachusetts law, the class action alleges.
Uber has also failed to guarantee and pay its drivers minimum wage for all hours worked, and it has failed to pay overtime premiums for hours worked in excess of 40 hours per week, the plaintiff claims.
Class action: Uber drivers should be classified as employees
The class action lawsuit claims that Uber drivers perform a service in the usual course of Uber’s business, as Uber is a car service that provides transportation to its customers, and drivers perform that transportation service.
The plaintiff alleges Uber requires its drivers to abide by a litany of policies and rules designed to control the drivers’ work performance and retains the right to terminate drivers at any time at its discretion.
Uber drivers are not engaged in their own transportation business, the plaintiff argues. He claims Uber sets the rate of pay for drivers’ services and changes the rate of pay in its sole discretion, and that drivers’ vehicles must meet Uber’s quality standards, which it determines and may change at any time at its sole discretion.
The plaintiff seeks to represent all Uber drivers in Massachusetts who have worked for the company. He is suing for violations of Massachusetts employment law and is seeking certification of the class action, damages, fees, costs and a jury trial.
Meanwhile, another class action lawsuit accuses Uber of misleading consumers about how soon its rideshare vehicles would arrive.
What do you think of the claims made in this Uber class action lawsuit? Let us know in the comments.
The plaintiff is represented by Shannon Liss-Riordan and Thomas Fowler of Lichten & Liss-Riordan P.C.
The Uber class action lawsuit is Case No. 1:26-cv-13084, in the U.S. District Court for the District of Massachusetts.
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