O'Connor v. Uber Technologies, Inc.

Welcome to the O’Connor v. Uber Technologies, Inc. Lawsuit Website

O’Connor et al v. Uber Technologies, Inc., C.A. No. 13-03826-EMC (N.D. Cal.) is a lawsuit against Uber Technologies, Inc. (“Uber”) that has been filed by four drivers who have used the Uber App (the "App") on behalf of a Class of drivers who have used the App in California.

The plaintiffs in the lawsuit allege that they and other drivers in California should be classified as employees, and that Uber has therefore violated sections of the California Labor Code by not reimbursing drivers for certain expenses and not passing along to drivers the part of the fare that they allege represents a tip. The Court has certified a class to pursue the reimbursement claim (as to vehicle-related and phone expenses, but not other expenses) and the tips claim, which include the misclassification question (i.e., whether drivers are or are not Uber’s employees).

The Court has not decided whether Uber has done anything wrong or whether drivers who use the App are Uber’s employees. Plaintiffs’ lawyers must prove the claims against Uber at a trial. There is no money available now and no guarantee that there will be. If you are a member of the class, your legal rights are affected.

The certified class includes:

All UberBlack, UberX, and UberSUV drivers who have driven for Uber in the state of California from August 16, 2009 up to and including December 9, 2015, and meet all of the following requirements: (1) who signed up to drive directly with Uber or an Uber subsidiary under their individual name, and (2) are/were paid by Uber or an Uber subsidiary directly and in their individual name.

The following are important dates and deadlines in connection with the lawsuit:

  • To ask to be excluded from the lawsuit, you must act before March 29, 2016. To exclude yourself from the lawsuit, you may email exclude@uberlitigation.com. By doing nothing, you will remain a member of the class and be bound by any judgment that you are or are not an employee of Uber and keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue Uber separately about the same legal claims in this lawsuit.

    If you ask to be excluded, you will not be bound by any judgment that you are or are not an employee of Uber and, if money or benefits are later awarded, you won’t share in those. But, you keep any rights to sue Uber separately about the same and related legal claims in this lawsuit, including any claims for additional expenses that are not being pursued by Plaintiffs in this case.

  • The jury trial is scheduled to begin June 20, 2016.

These dates may be moved, cancelled or otherwise modified, so please check the litigation website at uberlitigation.com regularly for updates and further details. Please see the detailed class notice here for additional information.