O’Connor, et al. v. Uber Technologies, Inc. Case No. 3:13-cv-03826-EMC | Yucesoy, et al. v. Uber Technologies, Inc. Case No. 3:15-cv-00262-EMC
Uber’s records show that you used the Uber smartphone application as a driver in California or Massachusetts between August 16, 2009, and February 28, 2019, and that you are not bound by Uber’s arbitration clause (either because you validly opted out of arbitration or because Uber has no record of your acceptance of an arbitration agreement). The Court authorized you to receive a notice because you have a right to know about a proposed settlement of two class action lawsuits, and about your options, before the Court decides whether to approve the Settlement. These lawsuits are known as O’Connor, et al. v. Uber Technologies, Inc., Case No. 3:13-cv-3826 (the “O’Connor lawsuit”), and Yucesoy, et al. v. Uber Technologies, Inc., et al., Case No. 3:15-cv-00262 (the “Yucesoy lawsuit”).
Judge Edward M. Chen of the United States District Court for the Northern District of California is overseeing these lawsuits. This website and the Notice you received are to inform you that the parties in the O’Connor lawsuit and the Yucesoy lawsuit have reached a single proposed settlement intended to resolve both lawsuits. This website and the Notice you received explains your legal rights under the Settlement, the benefits that are available to you, and how to get them.
To review a copy of the Notice, click here.Back To Top
The central issue in both of these lawsuits is whether Uber has misclassified drivers as independent contractors, as opposed to its employees. In the O’Connor lawsuit, the plaintiffs alleged that because drivers are employees, certain of Uber’s conduct and policies toward drivers in California violated California labor law. Specifically, the plaintiffs claimed Uber failed to reimburse drivers for vehicle-related and phone expenses and failed to pass along to drivers the entire portion of the fare that allegedly represents a tip.
In the Yucesoy lawsuit, the plaintiffs alleged that because drivers are employees, certain of Uber’s conduct and policies toward drivers in Massachusetts violated Massachusetts labor law. Specifically, the plaintiffs claimed Uber unlawfully classified drivers as independent contractors, failed to reimburse drivers for their expenses, failed to pass along to drivers the entire portion of the fare that allegedly represents a tip, and interfered with drivers’ relationships with passengers.
Uber denies any wrongdoing and liability and contends that it correctly classified drivers as independent contractors and complied at all times with applicable California and Massachusetts law.Back To Top
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” Together, the Class Representatives and Class Members are called the "Plaintiffs". Uber—the company that has been sued—is called the "Defendant". One court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class. This Settlement seeks to resolve two separate class action lawsuits filed against Uber—the O’Connor lawsuit and the Yucesoy lawsuit, but only on behalf of those drivers who are not bound by Uber’s arbitration clause (either because they validly opted out of arbitration or because Uber has no record of your acceptance of an arbitration agreement).Back To Top
The Court did not decide in favor of the Plaintiffs (the drivers) or the Defendant (Uber) in the O’Connor lawsuit or the Yucesoy lawsuit. Instead, the parties in each lawsuit agreed to a settlement resolving both lawsuits that they believe is a fair, reasonable, and adequate compromise. The parties reached this agreement following many years of litigation before the trial court and the Ninth Circuit Court of Appeals. In particular, in light of the recent decision by the Ninth Circuit Court of Appeals that Uber’s arbitration clause is enforceable, this Settlement covers only drivers who are not bound by Uber’s arbitration clause. Drivers who accepted the arbitration agreement cannot be part of a class action against Uber or a part of this Settlement and must instead pursue their claims in individual arbitration.
The Settlement was reached only after lengthy negotiations and independent consideration of the risks of litigation and benefits of settlement through formal conferences with an experienced mediator. The Class Representatives and their lawyers have considered the substantial benefits from the Settlement that will be given to the Class Members and balanced these benefits with the risk that a trial could end in a verdict in Uber’s favor. They also considered the value of the immediate benefit to the Class Members versus the costs and delay of litigation through trial and additional appeals. Even if Plaintiffs were successful in these efforts, Class Members would not receive any benefits for years to come. Counsel for the Plaintiffs believe that the amount Uber has agreed to pay, along with the modifications Uber has agreed to make to certain of its business practices, is fair, adequate, and reasonable in light of the risks and time required to continue litigating this case.Back To Top
You are a part of this Settlement if you meet the following criteria:
You are a current or former driver who has used the Uber smartphone application in California or Massachusetts between August 16, 2009, and February 28, 2019, and you are not bound by Uber’s arbitration clause (either because you validly opted out of arbitration or because Uber has no record of your acceptance of an arbitration agreement).
If you are part of the Settlement, you are called a member of the “Settlement Class” or “Settlement Class Member” and are eligible to receive the monetary benefits described in the Notice you received and in FAQ 8.
However, if you are a member of the Settlement Class, you may choose to exclude yourself from the Settlement. You will not be included in the Settlement if you chose to validly and timely exclude yourself from the Settlement using the procedure set forth in FAQ 17.Back To Top
The following groups of drivers are not included in the Settlement Class:
If you are not sure whether you are included, you can get free help by calling the toll-free number, 1-855-571-5869. You may also send questions to the Settlement Administrator at info@UberLitigation.com or Uber Class Action Settlement, Settlement Administrator, c/o Epiq, P.O. Box 3518, Portland, OR 97208-3518.Back To Top
The Settlement provides for monetary benefits to members of the Settlement Class, as well as changes to Uber’s policies that will affect all drivers in California and Massachusetts, including those who are not part of the Settlement Class. Although Uber will be changing certain of its policies, drivers are to remain classified as independent contractors.
If the Settlement is ultimately approved by the Court, Uber will pay $20,000,000 (the “Settlement Amount”) to settle the O’Connor lawsuit and the Yucesoy lawsuit for those drivers who are not bound by Uber’s arbitration clause, including the dismissal with prejudice and the release by all Settlement Class Members of all wage and hour claims now pending against Uber in California and Massachusetts (“the Settlement Class Members’ Released Claims”), except that any claims that a Settlement Class Member may have under the Fair Labor Standards Act (“FLSA”) will not be released unless that Settlement Class Member submits a Claim and acknowledges in writing that he or she agrees to a release of his or her claims under the FLSA. This means that class members who do not opt out of the Settlement are permanently giving up their right to be a part of another case against Uber about the claims being resolved in this Settlement. The Settlement Class Members’ Released Claims include the following:
After deducting attorneys’ fees and costs, settlement administration costs and additional awards to the Class Representatives for initiating and bearing the burdens of these lawsuits, all of which are subject to Court approval, the remainder of the Settlement Amount—called the “Net Settlement Fund”—will be available for distribution to Settlement Class Members.
In addition to the monetary payments outlined above, Uber will modify certain of its business practices relating to drivers in California and Massachusetts. These modifications include the following:
The complete terms of the Settlement are in the Settlement Agreement. You may also request a hard copy of the Settlement Agreement by sending a self-addressed, stamped envelope to Uber Class Action Settlement, Settlement Administrator, c/o Epiq, P.O. Box 3518, Portland, OR 97208-3518.Back To Top
Payments to Settlement Class Members who submit valid Claims (see FAQ 11) will be based on each such Settlement Class Member’s share of the Net Settlement Fund. A Settlement Class Member’s share will be determined by the total number of miles that he or she spent “On Trip” during the Settlement Class Period. “On Trip” means the period of time when a driver is transporting a passenger or item procured through the App. The Settlement formula will distribute the funds (after the deduction of fees and expenses) in proportion to the number of On Trip miles driven.
The exact amount each such Class Member will receive cannot be calculated until (1) the Court approves the Settlement; (2) amounts are deducted from the Settlement Fund for the costs of providing notice to the Class, administering the settlement, paying lawyers’ fees and expenses, paying taxes and tax-related expenses, and making enhancement payments approved by the Court; and (3) the Settlement Administrator determines the number of Class Members who excluded themselves, submitted valid Claims, and after payments are made, successfully received their payment.
Approximately 60 days after final approval of the Settlement, initial settlement shares will be distributed. Approximately 180 days later, all remaining unclaimed funds will be distributed to Class Members who received initial shares (so long as their residual payment will exceed $100.) After this final distribution, all unclaimed funds that remain from the amount allocated to California drivers will be distributed to the Legal Aid at Work, and all unclaimed funds that remain from the amount allocated to Massachusetts drivers will be distributed to Greater Boston Legal Services.Back To Top
There is a process in the Settlement for you to challenge the determination of the amount of your Settlement Payment. The Settlement Administrator, with input from counsel for Plaintiffs, the Settlement Class Members, and Uber, will determine the amount of each Settlement Payment and will resolve any objections to your payment amount. You will receive further details regarding this process in the letter you will receive regarding your payment.Back To Top
To qualify for a payment, you must submit a Claim, either electronically or through a paper Claim Form. To submit a Claim electronically, click here to access the claim portal. Then, you will be asked to provide the Unique ID and Password, provided on the Notice you received, and follow the instructions that appear.
To submit a Claim by paper, you can click here to download and print a Claim Form. Alternatively, you can contact the Settlement Administrator at 1-855-571-5869 or info@UberLitigation.com, and the Administrator will send you a paper copy. Paper Claim Forms must be submitted to the address listed below.
When you fill out your Claim Form, either electronically or through a paper form, you must provide your name, current address, Social Security number, and the telephone number and email address you used to sign up for a driver account with Uber. In order to receive a monetary payment from the Settlement, you must submit your Claim no later than August 17, 2019.Back To Top
The Court will hold a hearing, called a “Fairness Hearing”, on August 29, 2019, to decide whether to approve the Settlement. If the Court approves the Settlement after the Fairness Hearing, it is anticipated that you would receive your payment in the second half of 2019. However, if there are appeals, it may take time to resolve them, perhaps more than a year. Everyone who submits a Claim will be informed of the progress of the Settlement. Please be patient.Back To Top
Unless you exclude yourself, you are staying in the Settlement Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Uber about the legal issues addressed in these lawsuits (see the explanation of “Settlement Class Members’ Released Claims” in FAQ 8). It also means that all of the Court’s orders will apply to you and legally bind you. If you submit a Claim, you will agree to a “Release of Claims,” available online as part of the Claim submission process, which describes exactly the legal claims that you give up if you get Settlement benefits.Back To Top
You do not need to hire your own lawyer. The Court decided that Ms. Shannon Liss-Riordan, Esq., and Ms. Adelaide Pagano, Esq. of the law firm Lichten & Liss-Riordan, P.C. are qualified to represent you and all Settlement Class Members. These lawyers are called “Class Counsel.” They are experienced in handling similar cases against other defendants. If you have questions about the lawsuit or your rights in this case, you can contact them at the address below:
Shannon Liss-Riordan, Esq.
Adelaide Pagano, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street
Boston, MA 02116
You and other Settlement Class Members will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel will ask the Court for fees up to 25% of the gross Settlement Fund and costs incurred for prosecuting these actions. Class Counsel will ask for enhancement payments for the Class Representatives for their services as Representatives and for their efforts in bringing this case. The combined sum of all enhancement payments—to Class Representatives and the other drivers—shall not exceed $40,000. The actual amounts of fees and costs awarded to Class Counsel and the actual amounts of the enhancement payments will be determined by the Court.Back To Top
If you don’t want a payment from this Settlement, but you want to keep the right to sue or continue to sue Uber, on your own, about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class.
If you come within the Settlement Class definition, you will be a member of the Settlement Class and will be bound by the Settlement unless you exclude yourself. Being “bound by the settlement” means that you will be precluded from bringing, or participating as a claimant in, a similar lawsuit. Persons who exclude themselves from the Settlement Class will not be bound by the terms of the Settlement, including the release of their claims and the eligibility to receive any monetary benefits.
You cannot exclude yourself from the Settlement Class if you wish to object to the Settlement and/or appear and be heard before the Court during the Fairness Hearing. This is because you need to be a Settlement Class Member affected by the Settlement to object or appear.Back To Top
For Class Members for whom notices were sent on April 19, 2019, the exclusion deadline is June 18, 2019. To exclude yourself from this Settlement, you must send a letter by mail, postmarked on or before 60 days after issuance of Class Notice or by email on or before 60 days after issuance of Class Notice, to the Settlement Administrator at the following address:
Uber Class Action Settlement
P.O. Box 3518
Portland, OR 97208-3518
Your letter must contain:
If, before the deadline, you request to be excluded from the Settlement, you will not receive any payment under the Settlement and you will not be bound by anything that happens in this case.Back To Top
No. Unless you exclude yourself, you give up the right to sue Uber for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is 60 days from when the initial notice was sent to you. For Class Members for whom notices were sent on April 19, 2019, the exclusion deadline is June 18, 2019.Back To Top
No. If you exclude yourself, do not submit a Claim to ask for any money. However, you may sue, continue to sue, or be part of a different lawsuit against Uber.Back To Top
If you are a Settlement Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. If the Court rejects your objection, you will still be bound by the terms of the Settlement, but you will also receive a Settlement Payment.
Any objection to the proposed settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case names and numbers (O’Connor, et al. v. Uber Technologies, Inc., Case No. 3:13-cv-03826 and Yucesoy, et al. v. Uber Technologies, Inc., et al., Case No. 3:15-cv-00262), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Avenue, 17th Floor, San Francisco, CA, 94102, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be filed or postmarked on or before 60 days after issuance of Class Notice. For Class Members for whom notices were sent on April 19, 2019, the deadline is June 18, 2019.
Your written objection must contain:
Your objection must be signed by you (or your legally-authorized representative), even if you are represented by a lawyer. If your objections do not meet all of the requirements set forth in this section, they will be deemed invalid.Back To Top
Objecting is simply telling the Court that you don’t like something about the Settlement.
You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object to the Settlement because the cases no longer affect you.Back To Top
The Court has preliminarily approved the Settlement and will hold a hearing, called a Fairness Hearing, to decide whether to give final approval to the Settlement. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and will consider Class Counsel’s request for service awards on behalf of the Class Representatives as described in FAQ 15, and Class Counsel’s request for attorneys’ fees and expenses. The Court will also consider objections and may grant permission for objectors to speak. The Court may decide these issues at the Fairness Hearing or take them under consideration and decide the issues at a later time. We do not know how long these decisions will take.
The Court has scheduled a Fairness Hearing at on August 29, 2019, at 1:30 p.m., at the United States District Court, Northern District of California, 450 Golden Gate Avenue, Courtroom 5, 17th Floor, San Francisco, CA 94102. The Fairness Hearing may be continued or rescheduled by the Court without further notice. Settlement Class Members should check this website or the Court’s PACER site (available for a fee at www.cand.uscourts.gov) to confirm the date of the Fairness Hearing.Back To Top
No. You are not required to come to the Fairness Hearing, but you are welcome to come at your own expense if you so desire.
Settlement Class Members who object to the Settlement do not need to attend the Fairness Hearing for their objections to be considered. If you wish to appear either personally or through your own attorney at the Fairness Hearing, you must send both a timely objection and a notice of intention to appear to the Clerk of the Court and send a copy to the Settlement Administrator at the addresses in FAQ 20 no later than 60 days after issuance of Class Notice. For Class Members for whom notices were sent on April 19, 2019, the deadline is June 18, 2019.
Your notice of intention to appear must include copies of any papers or other evidence that you or your lawyer will present at the hearing. Any Settlement Class Member who does not file and serve a notice of intention to appear in accordance with these instructions will not be allowed to speak at any hearing, including the Fairness Hearing, concerning this Settlement.Back To Top
If the Settlement is not granted final approval, the O’Connor lawsuit and the Yucesoy lawsuit will proceed, and none of the agreements set forth in this website and the Notice you received will be valid or enforceable.Back To Top
If you do nothing, you’ll get no money from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Uber about the legal issues in these cases, ever again.Back To Top
This website and the Notice you received summarize the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available here, by contacting class counsel at Lichten & Liss-Riordan, P.C. 729 Boylston Street, Suite 2000, Boston, MA 02116, email@example.com, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at www.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue San Francisco, CA 94102-3489 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.Back To Top
If you need to update your mailing information after submitting your claim, you may write to the Settlement Administrator at the following address:
Uber Class Action Settlement
P.O. Box 3518
Portland, OR 97208-3518
You can also update your information via email to info@UberLitigation.com.
Please include your Unique ID on any correspondence sent to the Settlement Administrator.
If you do not keep your address current with the Settlement Administrator, your Settlement payment may be delayed and it is possible that you will not receive your Settlement payment.Back To Top