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.


Connecticut Overtime Lawyer – Unpaid Overtime

Get Your Connecticut Overtime Pay

Paycheck lawyer  and our  overtime  lawyers are filing unpaid overtime lawsuits to help workers cheated out of their overtime pay in Bridgeport, New Haven, Hartford, Stamford, Waterbury,  Norwalk, Danbury, New Britain, West Hartford, Greenwich,  Bristol, Hamden, Meriden, Fairfield, West Haven, and thru-out the state of Connecticut.

Under the federal and state rules,  a Connecticut  employee is covered by overtime law based on  how you  were paid and  your job duties.

According to the Connecticut Department of labor:

The main factor in determining an exemption is what job duties the employee actually performs on the job. The Job Description (or Job Title) is usually of limited value because it often represents the employer’s idealized perception of what job duties a particular employee is 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 Connecticut overtime lawyers  and find out if you are exempt or not.

Connecticut 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.

No requirement to pay overtime on a daily basis, weekends, or holidays except by agreement.
There are some specific exceptions to overtime pay. For example:

agricultural employees.

executive, administrative, professional employees as defined by the Labor Commissioner.
any salesman primarily engaged in selling automobiles.
any driver or helper where the U.S. Secretary of Transportation has the power to establish qualifications and minimum hours of service.
any outside salesperson as defined by the Fair Labor Standards Act.

Do I Have A Connecticut  Unpaid Overtime  Claim?
DO You Want To Sue Your Connecticut 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 Connecticut  Overtime Laws Will Go Into Effect Soon

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.  Connecticut will have  40,000 workers  become eligible for overtime who are now exempt.