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Uber drivers demand repayment of tip & gas: Lawsuit

ImbesiLawPC

New Member
uberdispute.com

Pa. Suit Accuses Uber Of Misclassifying Drivers
By Matt Fair

Law360, Philadelphia (September 23, 2015, 2:09 PM ET) -- Uber Technologies Inc. was slapped with a proposed class action in Pennsylvania state court on Tuesday, alleging that drivers for the ride-hailing company had been cheated out of minimum wages, tips and other compensation as a result of being misclassified as independent contractors.

A suit against Uber says that its misclassification of drivers led to losing out on minimum wages, itemized wage statements and meal and rest breaks. (Credit: AP)

The complaint said that Uber’s misclassification of drivers had caused the workers to miss out on compensation, including payments for mileage driven in their personal vehicles and reimbursements for fuel.

“Uber has failed and continues to fail to comply with Pennsylvania labor law requirements due to its misclassification of drivers as independent contractors rather than employees,” the complaint said.

Uber offers a mobile application that connects riders with drivers who provide transportation service using their personal vehicles. After a period of time spent operating in the state without the blessing of state regulators, the company was awarded a two-year experimental license to offer its service throughout the state — excluding Philadelphia — in January.

The complaint in the Philadelphia County Court of Common Pleas was filed on behalf of an UberX driver, Joseph DiNofa, who began working with the company in October 2014. After initially working part-time between eight and 12 hours a week, the suit said that DiNofa eventually became a full-time worker driving upward of 50 hours per week.

The complaint said that DiNofa had incurred upward of $300 in weekly expenses that went uncompensated by the company.

Despite drivers being considered independent contractors, DiNofa alleged that Uber “exerts significant control over its drivers” that includes training on how to interact with customers, unilaterally setting fares and requiring that drivers maintain a rating from riders of at least 4.5 out of five possible stars.

“If a driver fails to maintain an average customer rating of 4.5, Uber will deactivate his or her ability to use the application to pick up customers, an action tantamount to terminating the driver ‘at will,’ a hallmark of an employee-employer relationship,” the complaint said.

The complaint said that Uber’s misclassification of drivers resulted in their losing out on minimum wages, itemized wage statements and meal and rest breaks.

The suit also takes issue with Uber’s claim that tips for drivers are included in the fares paid by riders.

“Despite Uber’s representation that gratuity is included in the cost of the fare, Uber drivers are not compensated for gratuities,” the complaint said. “Significantly, Uber specifically instructed its drivers to refuse a cash gratuity if offered.”

Uber is currently facing two class actions in California federal court over both whether the company improperly misclassified drivers as independent contractors under the Fair Labor Standards Act and whether it improperly denied tips to drivers.

A judge there handed Uber drivers a major victory earlier this month as he certified a class and found that Uber’s claim that all drivers were properly classified as contractors conflicted with the company’s argument that the drivers’ experiences with Uber were too different to merit class certification.

The company has since asked the 9th Circuit for a review of the ruling.

An Uber spokesman defended the company's employment practices in a statement on Wednesday and said the case was inappropriate for treatment as a class action.

“Eighty seven percent of drivers say the main reason to use Uber is because they love being their own boss," spokeswoman Taylor Bennett said. "As employees, drivers would drive set shifts, earn a fixed hourly wage, and lose the ability to drive using other ridesharing apps as well as the personal flexibility they most value. The reality is that drivers use Uber on their own terms: they control their use of the app. It's why there's no typical driver -- and why a few plaintiffs can’t represent the interests of so many different drivers.”

DiNofa is represented by George Tankard of Napoli Law LLC, and Brittany Weiner of Imbesi Law PC.

Counsel information for the defendants was not immediately available on Wednesday.

The case is Joseph DiNofa v. Uber Technologies Inc. et al., case number 150902252, in the Court of Common Pleas of Philadelphia County.

--Additional reporting by Kat Greene. Editing by Stephen Berg -

Attorney Adverting - uberdispute.com
 

Oh My

Well-Known Member
uberdispute.com

Pa. Suit Accuses Uber Of Misclassifying Drivers
By Matt Fair

Law360, Philadelphia (September 23, 2015, 2:09 PM ET) -- Uber Technologies Inc. was slapped with a proposed class action in Pennsylvania state court on Tuesday, alleging that drivers for the ride-hailing company had been cheated out of minimum wages, tips and other compensation as a result of being misclassified as independent contractors.

A suit against Uber says that its misclassification of drivers led to losing out on minimum wages, itemized wage statements and meal and rest breaks. (Credit: AP)

The complaint said that Uber’s misclassification of drivers had caused the workers to miss out on compensation, including payments for mileage driven in their personal vehicles and reimbursements for fuel.

“Uber has failed and continues to fail to comply with Pennsylvania labor law requirements due to its misclassification of drivers as independent contractors rather than employees,” the complaint said.

Uber offers a mobile application that connects riders with drivers who provide transportation service using their personal vehicles. After a period of time spent operating in the state without the blessing of state regulators, the company was awarded a two-year experimental license to offer its service throughout the state — excluding Philadelphia — in January.

The complaint in the Philadelphia County Court of Common Pleas was filed on behalf of an UberX driver, Joseph DiNofa, who began working with the company in October 2014. After initially working part-time between eight and 12 hours a week, the suit said that DiNofa eventually became a full-time worker driving upward of 50 hours per week.

The complaint said that DiNofa had incurred upward of $300 in weekly expenses that went uncompensated by the company.

Despite drivers being considered independent contractors, DiNofa alleged that Uber “exerts significant control over its drivers” that includes training on how to interact with customers, unilaterally setting fares and requiring that drivers maintain a rating from riders of at least 4.5 out of five possible stars.

“If a driver fails to maintain an average customer rating of 4.5, Uber will deactivate his or her ability to use the application to pick up customers, an action tantamount to terminating the driver ‘at will,’ a hallmark of an employee-employer relationship,” the complaint said.

The complaint said that Uber’s misclassification of drivers resulted in their losing out on minimum wages, itemized wage statements and meal and rest breaks.

The suit also takes issue with Uber’s claim that tips for drivers are included in the fares paid by riders.

“Despite Uber’s representation that gratuity is included in the cost of the fare, Uber drivers are not compensated for gratuities,” the complaint said. “Significantly, Uber specifically instructed its drivers to refuse a cash gratuity if offered.”

Uber is currently facing two class actions in California federal court over both whether the company improperly misclassified drivers as independent contractors under the Fair Labor Standards Act and whether it improperly denied tips to drivers.

A judge there handed Uber drivers a major victory earlier this month as he certified a class and found that Uber’s claim that all drivers were properly classified as contractors conflicted with the company’s argument that the drivers’ experiences with Uber were too different to merit class certification.

The company has since asked the 9th Circuit for a review of the ruling.

An Uber spokesman defended the company's employment practices in a statement on Wednesday and said the case was inappropriate for treatment as a class action.

“Eighty seven percent of drivers say the main reason to use Uber is because they love being their own boss," spokeswoman Taylor Bennett said. "As employees, drivers would drive set shifts, earn a fixed hourly wage, and lose the ability to drive using other ridesharing apps as well as the personal flexibility they most value. The reality is that drivers use Uber on their own terms: they control their use of the app. It's why there's no typical driver -- and why a few plaintiffs can’t represent the interests of so many different drivers.”

DiNofa is represented by George Tankard of Napoli Law LLC, and Brittany Weiner of Imbesi Law PC.

Counsel information for the defendants was not immediately available on Wednesday.

The case is Joseph DiNofa v. Uber Technologies Inc. et al., case number 150902252, in the Court of Common Pleas of Philadelphia County.

--Additional reporting by Kat Greene. Editing by Stephen Berg -

Attorney Adverting - uberdispute.com
I've already signed for when this class action hits the state of Ill-Annoy. And it will.
 

ArnoldLSU

Member
Great! Awesome! Now we can finally be put on a schedule and be paid minimum wage! I hope Uber makes us all employees and then we can be required to work at 5 am to 2 pm with a lunch break and make $7 an hour!
 

Oh My

Well-Known Member
Great! Awesome! Now we can finally be put on a schedule and be paid minimum wage! I hope Uber makes us all employees and then we can be required to work at 5 am to 2 pm with a lunch break and make $7 an hour!
Probably more than you're actually making right now unless you're getting away with driving a 1991 Civic.
 
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Reactions: JLA

BostonBarry

Well-Known Member
Great! Awesome! Now we can finally be put on a schedule and be paid minimum wage! I hope Uber makes us all employees and then we can be required to work at 5 am to 2 pm with a lunch break and make $7 an hour!
I agree. If these suits succeed and result in nationwide change to employment vs IC, I'll be quitting the next day. The only perks I get with rideshare that are relatively exclusive to rideshare is choice of schedule and using my skill to maximize my income. These people think they are winning something but in reality there are plenty of jobs driving a car as an employee. None of them come close to my income and freedom.
 

Oh My

Well-Known Member
I agree. If these suits succeed and result in nationwide change to employment vs IC, I'll be quitting the next day. The only perks I get with rideshare that are relatively exclusive to rideshare is choice of schedule and using my skill to maximize my income. These people think they are winning something but in reality there are plenty of jobs driving a car as an employee. None of them come close to my income and freedom.
The winner(s) of the suit in California were former drivers as myself.
 

ArnoldLSU

Member
If Oh My is underpaid, he would have quit and got a job at McDonald's. He's still on this forum, he's still driving for Uber. Put up and quit or shut up.
 

Willzuber

Well-Known Member
You guys do understand who makes the money in these class-action lawsuits don't you? Seriously. If you don't, you need to do a little research. Believe me, it ain't you!!!
 

BostonBarry

Well-Known Member
The winner(s) of the suit in California were former drivers as myself.
And? I'm talking about the long term. If drivers really want to be employees then say goodbye to the best parts of this work. Say hello to 60% commissions like taxis have (or no commissions, just hourly pay). Say hello to even stricter guidelines on vehicles and caps everywhere on how many drivers they are willing to have on the road. Plenty of companies maintain their billion dollar revenues while paying minimum wage. Ridesharing would be the same, we've all already said there will always be someone willing to work for less. So where is the upside to being declared an employee? Unless you are a former driver who doesn't plan on driving in future, then I get it
 
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William1964

Well-Known Member
Tipped employees receive less than minimum wage hourly pay in the tips makeup the difference. For example Papa Johns pays its drivers $5.45 an hour when they're driving. No gas reimbursement. The same drivers also get 10 bucks an hour when they are not driving.

This may be unique in Illinois only. I see no benefit of being a scheduled employee. They don't have to pay health insurance. The new Affordable Care Act to care of that and place the burden on you.

Papa John's does not pay for flat tyres maintenance repairs depreciation have their drivers cars. All these guys are doing is making their own money grab. These drivers are trying to turn it into a pizza delivery job but instead of delivering pizza they deliver passengers.

If they think that becoming employees is automatically going to give them taxi driver benefits and I've never heard of taxis company paying gas insurance maintenance they're living in a fantasy world.

Especially in California these drivers are the same drivers who complained about Obamacare and how it violated their rights. These are the same people who complain about Benghazi gate.

They don't represent me how I feel what I think is right for me and they certainly do not know what I want or need.

Courier and messenger services use independent contractors. And they exert control over its drivers. Couriers have been delivering messages for hundreds of years no one has ever fought to become an employee
 

Oh My

Well-Known Member
Tipped employees receive less than minimum wage hourly pay in the tips makeup the difference. For example Papa Johns pays its drivers $5.45 an hour when they're driving. No gas reimbursement. The same drivers also get 10 bucks an hour when they are not driving.

This may be unique in Illinois only. I see no benefit of being a scheduled employee. They don't have to pay health insurance. The new Affordable Care Act to care of that and place the burden on you.

Papa John's does not pay for flat tyres maintenance repairs depreciation have their drivers cars. All these guys are doing is making their own money grab. These drivers are trying to turn it into a pizza delivery job but instead of delivering pizza they deliver passengers.

If they think that becoming employees is automatically going to give them taxi driver benefits and I've never heard of taxis company paying gas insurance maintenance they're living in a fantasy world.

Especially in California these drivers are the same drivers who complained about Obamacare and how it violated their rights. These are the same people who complain about Benghazi gate.

They don't represent me how I feel what I think is right for me and they certainly do not know what I want or need.

Courier and messenger services use independent contractors. And they exert control over its drivers. Couriers have been delivering messages for hundreds of years no one has ever fought to become an employee
Always tip your pizza delivery man!
 

Willzuber

Well-Known Member
That dude needs to drive for Uber. I would love to see that dude in action with the nitwits I haul around. People are @@@@ing clods. Seriously. @@@@ing clods.

Now watch for the Uber goobers to show up and say things like "you knew what you were getting into (sniffle) when you signed up for Uber..... you knew. (sniff) no tipppsssss. Whaaaa"
 

ArnoldLSU

Member
Tipped employees receive less than minimum wage hourly pay in the tips makeup the difference. For example Papa Johns pays its drivers $5.45 an hour when they're driving. No gas reimbursement. The same drivers also get 10 bucks an hour when they are not driving.

This may be unique in Illinois only. I see no benefit of being a scheduled employee. They don't have to pay health insurance. The new Affordable Care Act to care of that and place the burden on you.

Papa John's does not pay for flat tyres maintenance repairs depreciation have their drivers cars. All these guys are doing is making their own money grab. These drivers are trying to turn it into a pizza delivery job but instead of delivering pizza they deliver passengers.

If they think that becoming employees is automatically going to give them taxi driver benefits and I've never heard of taxis company paying gas insurance maintenance they're living in a fantasy world.

Especially in California these drivers are the same drivers who complained about Obamacare and how it violated their rights. These are the same people who complain about Benghazi gate.

They don't represent me how I feel what I think is right for me and they certainly do not know what I want or need.

Courier and messenger services use independent contractors. And they exert control over its drivers. Couriers have been delivering messages for hundreds of years no one has ever fought to become an employee
Figured you were an idiot.
 

pengduck

Well-Known Member
In my humble opinion I believe that if these suits are won it will actually be to our advantage. Just because we have been wrongly classified doesn't mean we would be employees. I think Uber would have to make it where we truly are independent contractors. Then we would have more control over the pricing structure as well as the tipping issue.
 

ArnoldLSU

Member
Probably right. Uber figured out they could make a whole lot more money by making us employees, but too many uber drivers don't want to be employees.
 

North End Eric

Well-Known Member
Say hello to 60% commissions like taxis have (or no commissions, just hourly pay).
Taxi drivers work on percentage (usually 50-60%) or pay a lease fee for the cab and keep everything they make. I have never heard of a taxi driver being paid an hourly wage. It may happen somewhere but it isn't the industry norm.
 
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