Santa Clara, CA: Uber is facing another employment class action lawsuit, this one filed in Chicago, IL, on behalf of all current and former Uber drivers in the United States, except for those in California and Massachusetts.
According to the nationwide class action, Uber misclassifies its drivers as independent contractors, when they should be employees and thereby be reimbursed for unpaid overtime and expenses accrued while driving.
Additionally, the complaint alleges Uber drivers should receive the tips that they missed out on as a result of Uber' business model, stating that "all gratuities that were earned but stolen by Uber or were lost due to Defendants' communications and policies."
This national suit is not dissimilar to the two earlier employment class actions filed in California and Massachusetts, both of which have recently settled. In those two cases, the settlements determined that Uber drivers in those states will remain independent contractors. However, Uber had to provide several concessions, the largest being $100 million in payments to the 385,000 drivers represented in both complains.
