Uber Is Facing Unpaid Overtime Lawsuits

Paycheck lawyer is your source for updates to overtime laws in your state and at the Federal level. We keep you informed on the ongoing unpaid overtime class actions and are always searching for unpaid overtime news and alerts that may be of interest to our followers. Uber, the new interesting concept in drivers continues to be faced with class action overtime lawsuits.
An Uber  class action law suit is now in  federal court in Trenton, N.J.  The lawsuit was originally filed by former Uber driver, Jaswinder Singh, in Monmouth County Superior Court on April 22nd and was moved  to U.S. District Court for the District of New Jersey on May 27th.  The suit claims  Uber violated the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law because the failed to pay overtime to drivers working more than 40 hours per week.    Uber drivers in New Jersey and other states are currently classified as “independent contractors” under their contracts, meaning Uber has no legal obligation to pay the requested overtime wages. The Uber drivers in New Jersey are claiming they are  eligible employees because they “completely relied on Uber for driving assignments” and did not have the independence to make important decisions.

Uber has faced a series of wage claim lawsuits.  The first major case, O’Connor v. Uber Technologies, Inc., involved California and Massachusetts Uber drivers, similarly claiming they were wrongly categorized as independent contractors.  That case was settled in April 2016.  It left the independent contractor question unresolved.   Uber drivers in Arizona, Florida, Illinois, New York, Ohio, and Texas have filed similar lawsuits.

Will these cases go to trial? If so, courts may have the opportunity to finally determine the employment status of Uber drivers. A designation of employee could result in overtime wages along with other legal protections offered exclusively to employees.
If courts do categorize the drivers as employees, how will it affect the Uber experience? Much of Uber’s success lies in its business structure. Designating drivers as independent contractors reduces or eliminates many expenses for the company and it allows for greater freedom for drivers.   Will Uber have to make drivers employees?This  will certainly change the internal structure of Uber,
Will Uber be able to continue settling these lawsuits? The large $100 million settlement has clearly attracted drivers in other states. We will soon see if Uber continues to settle these cases as a cost of doing business or if/when it will risk going to trial to decide the employee designation dispute.  In December, 2015, The Wall Street Journal predicted the value of Uber could exceed $60 billion, so paying settlement claims to quiet disgruntled workers seems to be a viable option, at least for now.

If you are an Uber driver and would like to represent Uber Drivers in a class action lawsuit or wish to join one of the ongoing class action lawsuits contact paycheck lawyer.


Maryland Overtime Lawyer Files Unpaid Overtime Lawsuits

Get Your Maryland  Overtime Pay

Paycheck lawyer  and our  Maryland overtime  lawyers are filing unpaid overtime lawsuits to help workers cheated out of their overtime pay in Baltimore, Columbia, Silver Spring, Ellicott City, Germantown,  Dundalk, Rockville, Gaithersburg, Frederick, Bowie,  Towson, Aspen Hill, Bethesda, Potomac, North Bethesda, MD, and thru-out the state of Maryland.

Maryland Overtime Pay Criteria

The main factor in determining an exemption is what job duties you actually perform on the job. Your job description or Job Title is usually of limited value because it often represents the employer’s decision of what job duties you are  supposed to do, when in reality the job duties the employee actually performs are much different.Duties are generally divided into either exempt or non-exempt duties. Speak to one of our Maryland overtime lawyers  and find out if you are exempt or not. See new rules going into effect in 2016 below.

Maryland Overtime Pay Lawyers

Each employer shall pay 1-1/2 times the employee’s regular rate of pay after 40 hours in the workweek. Overtime pay is due for actual hours worked over 40.

Maryland Overtime Laws

Overtime

Most employees must be paid 1.5 times their usual hourly rate for all work over 40 hrs. per week. Exceptions:

Bowling establishments, and institutions providing on-premise care (other than hospitals) to the sick, the aged, or individuals with disabilities for all work over 48 hrs. per week
Agricultural workers for all work over 60 hrs. per week (Maryland Wage and Hour Agriculture Exemptions brochure)
Exemptions

Minimum Wage and Overtime Exemptions:

Certain agricultural employees
Executives, administrative, and professional employees
Volunteers for educational, charitable, religious, and non-profit organizations
Employees under 16 working less than 20 hours per week
Outside salesman
Commissioned employees
Employees enrolled as a trainee as part of a public school special education program
Non-administrative employees of organized camps
Certain establishments selling food and drink for consumption on the premises grossing less than $400,000 annually
Drive-in theaters
Establishments engaged in the first canning, packing or freezing of fruits, vegetables, poultry, or seafood
Overtime Only Exemptions
(must earn the State Minimum Wage Rate):

Taxicab drivers
Certain employees selling/servicing automobiles, farm equipment, trailers, or trucks
Non-profit concert promoter, theater, music festival, music pavilion, or theatrical show
Employers subject to certain railroad requirements of the U.S. Dept. of Transportation, the Federal Motor Carrier Act, and the Interstate Commerce Commission

 

Do I Have A Maryland  Unpaid Overtime  Claim?
DO You Want To Sue Your Maryland Employer For Your Unpaid Wages?
If you haven’t been paid all the overtime money you’ve earned at work, you might have a  claim against your employer under  state or federal wage and hour law.

Do I Have An Overtime Wages Claim?

Was there a  minimum wage violations by your employer?
Are you an underpaid or  a tipped employee?
Did your employer fail to pay for every hour you worked?

Did you work “off the clock”, before clocking in or after clocking out for the day?
Were you forced to work thru meal or rest breaks without getting paid?
Were you paid for attending required training programs and classes?
Were you paid for travel time to a work assignment?
Was there waiting time you spent on the employer’s premises?
Did you work more than 40 hours a week and not get paid  you for the hours worked overtime?

New  Overtime Laws Alert  For 2016

The U.S. Department of Labor will make all salaried workers, supervisory or not, who earn less than $50,440 a year eligible for overtime. The change will take effect in 2016 and does not require Congressional approval.

You  Can Now Get Treble Damages for Overtime Claims In Maryland

On August 13, 2014, the Maryland Court of Appeals held  that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or “Wage Payment Act”).  This ruling increases the potential liability for Maryland employers who misclassify their employees as exempt under the Maryland Wage and Hour Law (MWHL) and the federal Fair Labor Standards Act (FLSA).