Uber Opposes Wage and Hour Class Action Lawsuit

A proposed Uber class action lawsuit filed by three drivers alleges that the transportation mobile app company must be held accountable to wage and hour laws as drivers should be considered Uber employees and not independent contractors.

Uber has submitted court documents arguing against the request for class certification based on the wide range of agreements they have with their drivers.

The app company that arranges rides between drivers and customers claims their drivers are employers themselves who pick their own terms when signing up. Uber states there is no way that every driver has an identical relationship with the company which is what it would take in order to be determined as a class action lawsuit. 

Uber Wage and Hour Lawsuit Overview

Plaintiffs in the Uber class action lawsuit allege the transportation network company dictates their hours, does not pay for gas or maintenance of their vehicles and refuses to share tips. However, during depositions, the three plaintiffs were inconsistent in their testimony of whether they felt required to work at Uber’s request, exactly who paid for vehicle maintenance and gas, and whether  they received tips.

In court filings, Uber pointed to the 17 different agreements it has set-up with drivers. Some have regular jobs and just drive part-time; some use their own cars; others are taxi drivers who use their mobile app as a way to find customers; and some are licensed limousine drivers who also use Uber as a way to connect with passengers. 

The attorney for the plaintiffs is seeking more than 100,000 drivers to join the class action lawsuit, which would require Uber to make drivers “employees” and therefore be required to follow wage and hour laws. However, Uber collected more than 400 declarations from drivers who claim they would prefer to be independent contractors and not employees.

The plaintiffs and their attorney argue that the litigation is not about what drivers’ prefer, it is about whether or not the practice is legal.

If the Uber lawsuit requires the company to change the status of drivers from contractors to employees, the California based company would be required to follow strict wage and hour laws. For example, the transportation mobile app company would have to create schedules for their drivers in order to determine if they qualify for overtime.

Uber claims this proposed class action would hurt a lot of its drivers who, if they were considered “employees,” may have to choose between their regular jobs and being a part-time Uber driver.

However, if the lawsuit is successful in gaining class certification, the most drivers could do is opt out of the class action lawsuit. They could not opt-out of any changes to the company that come as a result of Uber lawsuit.

California Wage and Hour Laws

California labor laws are some of the strictest in the nation. Employers must follow wage and hour laws or face serious fines. According to CA break laws, employees are entitled to a 30-minute, duty free lunch break after five hours of work. If, for some reason, they miss a lunch break, a written agreement between employer and employee must be documented and the employee must receive one hour of pay at their regular hourly rate.

California break laws also require employers to give 10-minute breaks to their employees for every four hours of labor. If this rest break is missed, an employer must pay the worker for one hour of pay at the regular hourly rate within a paycheck cycle.

Wage theft lawsuits are often filed by employees who allege their employer has violated either of these two labor laws other employment laws including: Unpaid wages, tip pooling, unpaid overtime, and off-the-clock working.

In California, employees have up to three years to claim unpaid wages.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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