Uber Driver Misclassification Lawsuit Alternative: Join the Uber Arbitration

Attorneys working with ClassAction.org are investigating whether legal action can be taken on behalf of Uber drivers who may have been misclassified as independent contractors instead of employees.

The attorneys suspect that Uber drivers may not satisfy the criteria for independent contractor status under federal and state laws. It’s possible that the degree of control Uber exercises over their work, combined with the essential nature of the services they provide, may instead indicate that they qualify as bona fide employees.

Uber drivers may also be getting wrongfully denied reimbursement for work-related expenses like gas, vehicle maintenance and cell phone costs, according to the attorneys.

Uber drivers are now banding together to take action against the company via mass arbitration. Those who sign up may be able to recover money for unpaid wages, expenses and other denied benefits.

Are Uber Drivers Independent Contractors or Employees?

Whether a worker qualifies as an independent contractor or employee can be determined using a few different tests, most of which take into account the level of control a company or employer has over an individual and their job.

In general, a worker is considered an independent contractor under state and federal labor laws if they are self-employed and exercise control over what services are offered and how they are performed. In contrast, a worker may be a bona fide employee if their employer has the right to control the details of the services they provide, including how the work is carried out.

Generally speaking, the more control an employer has over a worker and their job, the less likely it is that the individual can be properly classified as an independent contractor.

In this case, the attorneys suspect that Uber drivers could qualify as employees because of the degree of control the rideshare company exerts over their jobs, and because their work is central to the company’s business, among other factors.

According to the attorneys, if drivers are being misclassified as independent contractors, they may be getting illegally underpaid. It’s possible they may not be receiving proper minimum wage for all hours worked or time-and-a-half overtime pay when working more than 40 hours per week—employment benefits that bona fide employees are guaranteed under federal and state labor laws.

In addition, the attorneys believe the workers may have been wrongfully denied reimbursement for business expenses, such as the cost of gas, insurance, vehicle maintenance or cell phone usage.

Uber’s suspected driver misclassification could also mean workers may have been unlawfully deprived of proper health coverage, paid leave, retirement contributions and other employment benefits.

Have There Been Uber Driver Lawsuits?

In recent years, there have been numerous class action lawsuits brought against Uber centered on allegations of driver misclassification. One Uber lawsuit filed in 2021 argued that drivers should qualify as bona fide employees because they are subject to the company’s policies, rules and regulations, and because Uber retains the right to hire and fire workers or block them from the platform at its discretion.

According to another Uber class action lawsuit, the company also demonstrated its control over drivers by requiring that they accept a certain percentage of ride requests, maintain a high customer satisfaction rating and use routes deemed most efficient by the platform.

Moreover, a lawsuit filed in 2020 claimed that drivers should be considered employees because they have no say in the price of their services or rates of pay, which are determined by the company.

The Uber driver class action lawsuits further contended that these workers are employees because they perform jobs directly in line with the company’s usual course of business, stressing that without them, Uber would have no business at all.

Am I Signing Up for an Uber Driver Misclassification Lawsuit?

No. You’re signing up to participate in what’s known as mass arbitration. This process allows a large group of consumers to pursue individual arbitration claims against the same company simultaneously.

Unlike a class action lawsuit, mass arbitration doesn’t happen in court. Instead, the resolution process is handled by a neutral third-party arbitrator rather than a judge or jury.

Uber’s terms of use contain an arbitration agreement and class action waiver that require users to resolve any disputes with the platform through arbitration. Attorneys working with ClassAction.org are therefore addressing the Uber driver issue via mass arbitration rather than filing a traditional lawsuit.

Does This Cost Money?

No. It doesn’t cost anything to sign up, and the attorneys will only be paid if they win your claim. Their fee will be a percentage of any award you receive.

If I Join the Uber Arbitration, How Much Could I Get?

Outcomes vary, and there’s no guarantee that your claim will succeed or result in any payment. However, it’s possible that drivers who sign up for the Uber mass arbitration may be able to recover money for unpaid minimum and overtime wages, business expenses and other denied employment benefits.

Sign Up for the Uber Arbitration

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