Paul Napoli Quoted in Law360 Uber Settlement Article
May 10, 2016 | Commercial Litigation & Class Actions
The high-profile Uber Technologies Inc.’s driver class action regarding claims that the company misclassifies drivers as independent contractors and denies them proper tips continues to gain steam in response to the $100 million settlement in California federal court.
Uber has a long, long road to travel before it is in compliance with the labor laws
– Paul J. Napoli of Napoli Shkolnik PLLC, an attorney for Alcala and Borgen, told Law360.
The deal would pay California and Massachusetts drivers $84 million and an additional $16 million if Uber goes public and meets certain performance metrics. It does not address the issue of drivers being classified as drivers as opposed to independent contractors.
“Technology cannot erase an employer’s obligations to maintain a workers basic rights.”
Many Uber drivers call the settlement a “joke” and have lodged formal objections with the court.
Paul Napoli has a long history of fighting for the rights of his clients, and always strives to win cases in their best interests.
Relevant Case Information: 8/1/2017
There was recently a new break in another case against Uber, this one alleging improper calculation of compensation for Uber Drivers. Details on the news of the case can be found below. This is a huge win for Napoli Shkolnik’s clients as it solidifies their standing in the suit and allows them to proceed in further building their case against Uber for compensation.
Napoli Shkolnik won a substantial preliminary success for Plaintiffs once the court issued a decision late yesterday afternoon denying Uber’s motion to dismiss the case.
While there are several other cases against Uber based on its upfront pricing, Napoli Shkolnik is leading the charge and this is the first significant decision reached by any court.
Plaintiffs contend that their arrangement requires Uber to utilize exactly the identical fare calculation to cover drivers since it uses to control passengers. But ever since Uber implemented upfront pricing, it’s been utilizing one fare calculation with competitive estimated inputs for time/distance to ascertain what passengers cover and a totally distinct fare calculation performed following the ride utilizing real inputs to determine drivers’ compensation.
Since the upfront fare calculation consistently yields a greater level, drivers are getting the short end of the stick. The court’s ruling admits the arrangement supports motorists’ position and lets them proceed with their situation.
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