Class Action lawsuit filed against UBER
September 11, 2015 | Commercial Litigation & Class Actions
Two New York UBER drivers have filed a proposed class action against UBER Technologies Inc. and Raiser, LLC (collectively “UBER”) alleging UBER withheld tips earned by the drivers and incorrectly classified the drivers as independent contractors to avoid reimbursing drivers for costs associated with driving for UBER.
The complaint, filed today in New York Supreme Court, Kings County, proposes to represent all drivers that drove for UBER since 2009, in New York State. The plaintiffs claim that UBER failed to pay them tips intended for them and prohibited drivers from accepting tips initially offered by customers.
The complaint includes instructions provided to UBER customers informing them that their fare “is automatically charged to [their] credit card on file – there’s no need to tip.” The plaintiffs claim UBER withheld the portion of the fare paid by customers that was intended to be a tip.
Marie Napoli, says, “UBER did not designate any portion of the fare collected as a tip – cheating New York UBER drivers from the customary 20% gratuity they usually earn.”
The complaint also alleges that UBER incorrectly classified drivers as independent contractors instead of employees. The classification as independent contractors forced UBER drivers to use their own money to pay for their cars, gas, insurance and repairs. “Employers must reimburse work-related expenses paid by employees – by classifying drivers as independent contractors, UBER violated New York law by failing to reimburse UBER drivers for their expenses,” Ms. Napoli added.
The law firms Napoli Law PLLC and Imbesi Law P.C. are jointly representing the New York plaintiffs. The firms have been contacted by hundreds of UBER drivers and plan to represent over 100,000 UBER drivers nationally, according to Vincent Imbesi, a partner of Imbesi Law P.C. “Some drivers may be excluded from the class actions our firms will file in other States, but we will file as many individual arbitration claims necessary to recover money rightfully owed to individuals who drove for UBER,” Mr. Imbesi added.
“Our firms’ attorneys have the financial ability to file 100,000 arbitrations if necessary and our previous record evidences our ability to represent thousands of individuals at one time and recover hundreds of millions of dollars for victims arising out of a single event,” Mr. Imbesi commented.