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ARTICLE · 28 SEPTEMBER 2015

Another Uber Independent Contractor Class Action—Reaching Critical Mass?

Fox Rothschild LLP
Fox Rothschild LLP
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I posted recently about a lawsuit involving Uber and independent contractors. Well, it's happened again

United StatesEmployment and HR

I posted recently about a lawsuit involving Uber and independent contractors.  Well, it's happened again.  The company was hit with a proposed class action suit in Pennsylvania state court with a central allegation being the drivers' claim that they were misclassified as independent contractors.  The case is entitled DiNofa v. Uber Technologies Inc. et al., and was filed in the Court of Common Pleas of Philadelphia County.

The complaint alleges that the misclassification caused drivers to be undercompensated and not reimbursed for expenses.  The named plaintiff alleged an employer-employee relationship existed and that the Company "exerts significant control over its drivers."   This control was evidenced by the training given on how to deal with customers, the unilateral setting of fares and requiring that drivers maintain a rating from riders of 4.5 out of five possible stars.  The Complaint alleges that "if a driver fails to maintain an average customer rating

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