Uber Driver Employee Misclassification Lawsuit Filed

According to the Boston Globe, a lawsuit filed in Massachusetts accuses Uber Technologies Inc. of exploiting drivers.

The lawsuit claims that Uber misclassifies its drivers as independent contractors to avoid paying them like other employees with benefits. It also accuses it of not giving drivers all of the money they are supposed to receive in gratuities from passengers, despite the fact that the company says it does.

“By not classifying its drivers as employees, Uber is shifting the expenses of running a business to its workers,” a lawyer involved in the lawsuit told the Globe. “Making the workers pay for these business expenses saves Uber an enormous amount of money.”

Uber reportedly operates in 38 countries, including 77 cities in the United States, Canada and Mexico, and recently claimed that it is “generating 20,000 new driver jobs every month” worldwide. The company has claimed that drivers could make $90,000 per year in New York, and $74,000 in San Francisco.

The company was launched in San Francisco four years ago, acting as an application that lets riders use private drivers as a car service. Employment attorneys claim that Uber drivers should be treated as regular employees with protections and rights under state law.

What Should I Do If My Employer Misclassifies Me?

This lawsuit sounds very similar to many independent driver and trucker cases we see. California wage and overtime laws exist to ensure that employees are given fair and just compensation for the work they perform. Sometimes transportation companies try to skirt around overtime payments by classifying employees in various fashions, like independent contractors.

If you have experienced unfair wage and overtime claims or have been wronged by your employer, you may be able to file a lawsuit to obtain compensation. You could be entitled to damages for past due wages, as well as negligence.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Did You Know? It is illegal to classify a worker as both a full-time employee and an independent contractor in California.

Source: http://www.bostonglobe.com/business/2014/06/26/uber-hit-with-class-action-lawsuit/JFlTJLMuBoXuEmMU3elTAI/story.html