A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense
Uber is currently facing a set of plaintiffs who are seeking class certification in the Northern District of California (O’Connor, et. al v. Uber, #CV 13-3826-EMC) on two distinct grounds. First, the plaintiffs allege that Uber systematically deprived them of tips from riders by virtue of how the service is presented to end-users and how compensation is given to the riders in violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. Second, the plaintiffs claim that Uber misclassified its drivers – all 160,000 of them in California over the last five years – by failing to give them the legal definition of “employee” and, following from this, deprived said “employees” of reimbursement for things like mileage, gas, and other wear-and-tear on their vehicles (not to mention the shadow of entitlements like benefits and worker’s comp).