Approximately 19,000 Uber drivers are eligible to join the lawsuit.
A Federal judge has ruled that thousands of Uber drivers who opted out of Uber's arbitration agreement are now allowed to join a class lawsuit in Federal Court in the Middle District Court of North Carolina. The lawsuit was filed by Lewis & Roberts on behalf of a potential nationwide class of drivers who are not obligated to arbitrate their employment disputes with Uber. Although Uber's driver agreement includes an arbitration clause - which many drivers accepted - this lawsuit is limited to those drivers who opted out of the arbitration agreement. Uber has more than 600,000 drivers in the U.S. This lawsuit is the first of its kind to successfully obtain Court approval allowing a nationwide class of drivers to join.
Lewis & Roberts is one of only two class counsel for this nationwide group of Uber drivers. The lawsuit is brought under the Federal Fair Labor Standards Act (FLSA). Pursuant to the FLSA, all employees must be paid at least the Federal minimum wage, overtime, and be reimbursed for work related expenses. Lewis & Roberts alleges that this class of Uber drivers are employees under the FLSA - and that they were not properly paid under Federal Law. The lawsuit seeks all unpaid wages - and unreimbursed expenses - for three years. The FLSA also allows double recovery for all unpaid wages. The lawsuit seeks the allowable double wages plus attorneys' fees and expenses. Uber claims that as many as 19,000 Uber drivers opted out of Uber's arbitration agreement and are eligible to join this lawsuit. Lewis & Roberts partner Paul Dickinson represents the nationwide class of Uber drivers.
Bloomberg Law's Daily Labor Report® discusses the lawsuit in the article attached below. The lawsuit was also featured in the New York Times.