Uber faces FLSA class action lawsuit on behalf of drivers nationwide over unpaid wages and tips

Posted
by Jay Pate

Uber Technologies has been hit with a FLSA class action lawsuit alleging that the ridesharing company violated federal labor laws. The lawsuit—filed in Illinois on behalf of Uber drivers nationwide—comes just one month after the company agreed to pay $100 million to settle a class action case filed on behalf of drivers in California and Massachusetts.

The Illinois class action lawsuit against Uber was filed by Lorri Trosper, a former Uber driver. Trosper says that she stopped driving for Uber following an injury that made it impossible for her to work. Because Uber classifies its drivers as independent contractors, rather than as employees, Trosper was not eligible to receive worker’s compensation insurance coverage after she was injured.

Trosper alleges that during her time driving for Uber, she worked more than 40 hours per week without overtime compensation. Trosper also alleges that she earned tips that were allegedly taken from her by Uber under the company’s no tipping policy.

The lawsuit is seeking to recover back wages that the suit alleges are owed to Uber drivers under the Fair Labor and Standards Act (FLSA). Attorneys representing Trosper say that they filled the nationwide class action lawsuit against Uber after the California litigation failed to resolve all outstanding legal questions between the ridesharing company and its drivers.

The $100 million settlement in the California class action against Uber is still pending a judge’s approval. The judge rejected a previous $12 million settlement offer in the litigation, stating that it could deprive plaintiffs of compensation that they could win in court. Legal experts say that even if the class action settlement is approved, the company may still face additional litigation in California and Massachusetts because the case was filed under state labor and consumer protection laws, rather than under federal labor rules such as the FLSA.

Independent Contractors May Qualify to File an FLSA Lawsuit

Workers who have been wrongfully classified as independent contractors by their employers may be eligible to file a lawsuit and receive compensation for unpaid tips, workers compensation, wages, and other costs under the Fair Labor and Standards Act (FLSA). FLSA lawsuits that are filed on behalf of individual workers or as a class action may allege that an employer failed to properly pay workers for the time they spent on the job or denied other benefits to which they are entitled under federal labor laws.

Thousands of FLSA lawsuits and class action cases are filed each year by workers who allege that they were not fairly paid for their overtime work. FLSA non-exempt employees who work more than 40 hours per week and are not paid time and a half for their overtime work may also have grounds to file a lawsuit or a class action case against their employer under the FLSA. The first step in filing an FLSA lawsuit is to secure the help of attorneys with the experience and training to properly handle your claim.

The lawyers at Heygood, Orr & Pearson have filed class action lawsuits across the country on behalf of workers and other individuals who have been harmed by the conduct of businesses. Our firm has handled class actions or multi-district litigation cases involving commercial litigation and other legal matters in Texas, California, and other jurisdictions across the U.S.

For a free legal consultation and to find out whether you may qualify to file a lawsuit, contact us the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001 or by following the link to the free consultation form on this website and answering a few simple questions to get started.