O'Connor v. Uber Technologies, Inc.
www.uberlitigation.com

Which Drivers are Included?

The Court has certified the following 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):

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.

Judge Chen determined that you are part of the Class if you meet the following criteria:

  • You used the App to provide transportation services requested through the UberBlack, UberX, or UberSUV platforms in the state of California at any time from August 16, 2009 up to and including December 9, 2015;
  • You signed up to use the App directly with Uber or an Uber subsidiary under your individual name (e.g., not a corporate or fictitious name); and
  • You received payments directly from Uber or an Uber subsidiary and under your individual name (e.g., not a corporate or fictitious name).

The following groups of drivers are not included in the Class:

  • Drivers who signed up to use the App with Uber or an Uber subsidiary through a corporate or fictitious name.
  • Drivers who signed up to use the App to drive for the account of a third-party transportation company, such as a limousine company.
  • Drivers who did not use the App on or prior to December 9, 2015.