In recent news, a lawsuit claims that the popular ridesharing firm, Uber, saved more than $500 million by misclassifying their drivers as independent contractors. The California class action seeks justice in response to Uber allegedly ignoring a previous ruling issued earlier in the year.
The class action lawsuit was brought to California federal courts on behalf of local business, Diva’s Limousine. The suit alleges that Uber unfairly stole business from traditional taxi service-based companies by using deceitful methods and unethical tactics that purposefully skirted around the law. According to the complaint, Uber low-balled drivers’ wages in order to increase the company’s profit margin through misclassification of drivers as independent contractors rather than employees.
The plaintiff claims that these deceitful methods/tactics are a workaround that goes against the ruling issued previously this year by the California Supreme Court in the case Dynamex Operations West, Inc. v. Superior Court. The plaintiff also claims that by ignoring the previous ruling to misclassifying drivers, Uber stands to avoid payment of approximately $9.07 per hour in expenses/benefits to their drivers (i.e. minimum wage, mandated breaks, unemployment compensation, social security, Medicare, etc.)
Uber employees across the world have been fighting this particular battle and it has not been an easy fight. Late in 2017 a London tribunal classified drivers as employees. This directly conflicted with rulings in US courts where the opposite was believed to be true. Uber is currently appealing a lawsuit in Brazil resulting in similar findings. A Philadelphia courtroom ruled earlier this year that the provisions under the Federal Fair Labor Standards Act prevented UberBlack drivers from being classified as employees. This was the first ruling of its kind; classifying Uber drivers as non-employees under federal law.
If you have questions about misclassification or if you have been misclassified by your employer, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.