Judge Allows Uber Drivers to Sue for Tips, Wages

A federal judge has given the OK for Uber drivers to sue the company for allegedly deceiving customers and scamming drivers out of their tips. Uber is a San Francisco-based shared ride company that, according to the lawsuit, tells customers that their tips are included in their fare. However, drivers are claiming that they only get half of the 20 percent gratuities charged, and that, sometimes, Uber does not specify the amount added as a tip and they receive nothing. Drivers are claiming that this practice discourages customers from tipping.

The lawsuit specifies that customers are deceived when they use Uber’s mobile phone app, which states that their fare includes tip, sometimes specified at 20 percent, so they do not need to tip their driver extra. A federal judge declared on December 5 that by stating the extra amount as “gratuity,” Uber was “pledging to pay that percentage to the drivers,” allowing two Uber drivers to continue on with their lawsuit against the company.

Wage disputes can be extremely complex, especially when concerning overtime pay and tips. An experienced employment attorney can help you determine if your wages are being withheld. In general, wages must meet federal and state minimum wage laws and employers are not allowed to withhold final paychecks. All “non-exempt employees” are required to be paid overtime wages for each hour worked over 40 in a workweek, even if you are salary instead of hourly, in most cases.

How Do I Determine if I am Entitled to Certain Wages?

Our Los Angeles employment attorneys can help you determine what wages you are entitled to and if you need to file a claim for unpaid wages or overtime. Employers who fail to pay their workers overtime wages may be held liable for any unpaid compensation as well as liquidated damages and attorney fees and costs. If you believe your employer is withholding wages, contact our office today to schedule a consultation with one of our wage dispute attorneys.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Source: http://www.sfgate.com/business/article/Uber-drivers-suit-over-tips-clears-hurdle-5044858.php