Two of the cases currently before the judge include:

• An accusation that Uber’s background check policies violate the Fair Credit reporting Act; and
• An accusation that the company did not give drivers an appropriate share of tips collected.

In June of 2015, the New York Times reported on the California Labor Commissioner’s Office determination that one Uber driver was rightfully classified as an employee and not an independent contractor. The ride share company may have to pay the driver more than $4,000. The Commissioner’s determination only applies to a single case, and Uber is appealing the decision. Company representatives point to decisions in Georgia, Pennsylvania and Texas where drivers were formally classified as independent contractors. On the other side of the issue, the state of Florida recently classified a former Uber driver as an employee for the purpose of claiming unemployment benefits.  Though the classification of these drivers remains uncertain, this dispute is likely far from over.

If you have any questions about the classifications of employee and independent contractor, contact us today.

The recent case, Taylor v. Eastern Connection Operating, Inc., saw drivers seeking compensation for misclassification, as the employer treated their drivers as independent contractors rather than employees. That may have posed a possible problem for the drivers under New York law, but Eastern Connection is a Massachusetts based firm. And, while the three plaintiffs were New York residents and worked in New York, their contract provided for Massachusetts law. With that in mind, the Supreme Judicial Court decided that the Massachusetts Wage Act would apply. While the Court did not rule on whether they were employees or independent contractors, the decision will likely greatly expand the liability of Massachusetts-based companies who have both independent contractors and employees out-of-state.

If you are a driver working as an independent contractor, contact us to learn your rights. Most significantly, if you’re required to pay the costs of operating your truck – insurance, gas, repairs, paint, equipment – you may be entitled to all of it back, with triple damages. Call us today.