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Judge Allows North Carolina Uber Driver’s Unpaid Overtime Lawsuit to Move Forward

RALEIGH — A North Carolina federal judge recently handed down a substantial ruling in favor of a former Uber driver accusing the worldwide on-demand taxi service of stiffing potentially thousands of workers across the country on minimum wage and overtime pay. The judge’s ruling allowed the plaintiff’s unpaid overtime lawsuit to proceed tentatively as a “collective action,” which is similar to a class action in that other similarly affected workers can join together in the claim to recover all their lost wages and other damages at the same time.

The overtime pay lawsuit, originally filed in July of 2016 in U.S. District Court for the Central District of North Carolina, claims that Uber improperly misclassified its drivers as independent contractors when these workers are in fact actual employees. The named plaintiff in this case claims that he sometimes earned as little as $2 per hour, substantially below the federal minimum wage of $7.25, while working as a driver for the defendant.

Uber currently faces dozens of similar lawsuits brought against drivers across the country but few have proceed as far as the case brought by the North Carolina plaintiff. This particular case has the potential to be quite significant as a collective action brought under the Fair Labor Standards Act allows plaintiffs from any state to join the lawsuit and recover back pay and other damages.

Furthermore, this particular claim has proceeded further than many others, which could mean that Uber would potentially be liable for the unpaid wages of thousands of workers, totaling billions of dollars. Typically, Uber has settled these types of claims, either directly or through a forced arbitration system.

The lawsuit seeks minimum wages and unpaid overtime with interest, liquidated damages equal to back pay, attorneys fees, and any other relief the court may see fit. Additionally, the lead plaintiff may be entitled to additional compensation should the case reach a successful resolution on behalf of the class action.

Uber Driver Unpaid Overtime Lawsuit

 Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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