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.
Have you been cheated out of your overtime pay in: Detroit, Grand Rapids, Warren, Sterling Heights,
Lansing, Ann Arbor, Flint, Dearborn, or Livonia?
DO You Want To Sue Your Grand Rapids, Warren, Sterling Heights Employer?
If you haven’t been paid all the money you’ve earned at work, you might have a legal Detroit claim against your employer under Michigan state or federal wage and hour law.
When Do I Have An Unpaid Overtime Wages Claim?
Do I Have An Overtime Wages Claim?
If there were minimum wage violations by your employer
If you were under paid and are a tipped employee
If your employer is taking too much in deductions
If your employer failed to pay for every hour you worked including:Working “off the clock”, before clocking in or after clocking out for the day
Meal or rest breaks that you had to work through
Not paid for hours at required training programs and classes
Travel time to a work assignment
Any waiting time you spent on the employer’s premises
Did Your Employer?
Make you work through lunch and not pay you?
Make you take work home and not pay you?
Threaten to fire you when you asked to be paid for the amount of hours you worked?
Make you work more than 40 hours a week and not pay you for the hours worked overtime?
Change your time records?
DETROIT UNPAID OVERTIME IS THE LAW
In Detroit, Grand Rapids, Lansing non-exempt employees must receive overtime pay for hours worked in excess of 40 in a given workweek at a rate not less than time and one-half their regular rate of pay.
If an employer in Detroit, Grand Rapids, Warren, Sterling Heights,Lansing, Ann Arbor, Flint, Dearborn, or Livonia is violating the Fair Labor Standards Act by not paying you the overtime wages you rightfully earned, Contact Michigan Paycheck Lawyer.