New York City Uber Drivers File Suit Over Wage Theft

New York City Uber Drivers File Suit Over Wage Theft

NEW YORK — A group of New York City Uber drivers recently opted out of an arbitration agreement between themselves and the ride sharing giant, claiming in a new unpaid overtime lawsuit the company engaged in rampant wage theft, which reduced their pay to unlawful levels. The complaint alleges Uber’s practices violated the drivers’ rights under state and federal wage laws and that the drivers should be compensated for their economic loses.

The claim alleges numerous charges against Uber, one of the most important being that the drivers are actually employees as opposed to independent contractors and should be entitled to many of the same benefits under state and federal laws as other workers.

Additionally, the plaintiffs claim Uber’s business practices adversely affect the driver’s earnings based on how taxes and other fees are deducted. The suit claims Uber deducts sales tax and workers compensation fees from the driver’s earnings as opposed to charging the customer as other taxi services do.

The plaintiffs claim these deductions, as well as Uber’s commission from the ride, caused drivers to earn less than minimum wage and should be compensated accordingly.  Furthermore, as employees the drivers claim they should be entitled to overtime pay when they work more than 40 hours per week.

The unpaid overtime lawsuit is the second filed against Uber in New York City during the last four months and actually includes four of the original 10 named plaintiffs from the previous complaint as well as the New York City Taxicab Union. This latest filing is considered by some to be a strategic move to challenge Uber’s ability to compel arbitration in disputes between drivers and the company and will allow the original class action suit to proceed more quickly.

Like many large corporations, Uber requires drivers to agree that any employment disputes will be decided before an arbitrator, rather than courts. While arbitration agreements are generally enforceable, the National Labor Relations Board and some federal Appeals Courts have found them to be unenforceable in class action lawsuits.

Uber Overtime Pay 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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