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ARTICLE · 02 SEPTEMBER 2013

August 2013 Monthly Independent Contractor Compliance And Misclassification Update

Pepper Hamilton LLP
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Car service drivers file proposed nationwide class action lawsuit against Uber Technologies, Inc., a car service company, in a California federal district court seeking a minimum of $5 million in damages.

United StatesEmployment and HR
Richard Reibstein
Richard Reibstein
Lisa Petkun
Lisa Petkun
Andrew Rudolph
Andrew Rudolph

In the Courts

  • Car service drivers file proposed nationwide class action lawsuit against Uber Technologies, Inc., a car service company, in a California federal district court seeking a minimum of $5 million in damages.  The complaint alleges that Uber Technologies  misclassified the drivers as independent contractors, breached the drivers' contract, and engaged in tortious interference when the company advised clients not to tip the drivers. O'Connor v. Uber Technologies, Inc. et al., CV No.13-3826 (N.D. Cal. Aug. 16, 2013).
  • Federal district court in Ohio denies American Family Insurance's motion to dismiss class action claims brought by insurance agents who allege that they are employees and not independent contractors within the meaning of ERISA and as such were entitled to benefits under an ERISA-governed plan. The court found that the agents had alleged sufficient facts evidencing control on the part of the insurance company to create a plausible claim for

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