Updating a series of blog posts we have brought you recently, Uber has begun to fight back against a potential class action lawsuit filed by drivers who claim that they are misclassified as independent contractors.
According to NBC News, Uber has filed a motion with written statements from more than 400 drivers supporting how the company currently classifies workers. Additionally, the company has said that two drivers have notified it that if they were ruled employees, they would not continue to work for the company.
Currently, drivers are considered independent contractors, as they are allowed to set their own hours and choose passenger pickups. However, some drivers claim that the company should consider them employees, and that they should be able to seek reimbursement for items like gas and vehicle maintenance.
Uber is fighting a lawsuit brought forward by three drivers in a San Francisco federal court. If the lawsuit is allowed to move forward as a class action case, it could cover more than 160,000 California drivers. It should be noted that recently, in an individual lawsuit brought against the company, the California Labor Commission ruled that Uber drivers were employees.
Can a Los Angeles Employment Attorney Help Me With a Misclassification Issue?
It will be interesting to see how this case moves forward as it could have a tremendous impact on other tech companies that use independent contractor business models.
It is not uncommon for startups to misclassify employees as independent contractors in California. They do this to cut operating costs, at the expense of the people performing work. If believe that your employment status is being misclassified, you should speak to our labor attorneys. Prior to doing this, make sure that you note whether you use your own vehicle, materials and tools to perform work.
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Kesluk, Silverstein & Jacob– Los Angeles employment attorneys