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Uber Driver Lawsuit Deems Drivers “Employees”

Uber Driver Lawsuit

Audet & Partners, LLP reports that the California Labor Commission has sided with an Uber driver and held that the driver is considered an employee rather than an independent contractor under California state law.  In the case before the Labor Commission, Barbara Ann Berwick, an Uber driver, had argued that as an employee of Uber, she was entitled to reimbursement for costs incurred while transporting Uber customers to various destinations.

Uber has maintained that under its business model, Uber drivers are “independent contractors” and not employees and thus expenses, including gas and various taxes and workers’ compensation costs, must be borne by the driver.

Under California law, the primary determinant of employee versus independent contractor status is the degree of control that the company retains over the worker.  In the case of Uber drivers, the Labor Commission rejected Uber’s arguments and held that because Uber is “involved in every aspect of the operation,” is is to be deemed as an employer.

As a result, Ms. Berwick has been awarded $3,878.08 plus interest for previously unreimbursed expenses as an Uber driver.

If you are now, or have been in the past, an Uber driver in California, you are urged to contact us by completing the confidential questionnaire below:

Confidential UberX Driver Questionnaire

Thank you for contacting Audet & Partners, LLP about your potential legal claim against Uber. Please answer as many of the questions below as you can, but don't worry if you can't answer them all. Please provide estimates when you do not know the exact answer.

IMPORTANT: Please note that your completion of this questionnaire does not create an attorney/client relationship. Your questionnaire and supporting documentation will be reviewed by an attorney, and if your case has merit, a fee agreement and employment authorization will be e-mailed to you for signature.

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