Frequently Asked Questions

  1. Why did I get a notice?

    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.

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  2. What are the O’Connor and Yucesoy lawsuits about?

    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.

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  3. What is a class action and who is involved?

    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).

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  4. Why is there a settlement?

    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.

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  5. How do I know if I am part of the Settlement?

    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.

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  6. Which drivers are not part of the Settlement?

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

    1. Drivers who have never used the App in either California or Massachusetts.
    2. Drivers who are bound by Uber’s arbitration clause (because they have used the Uber Application any time since Uber included an arbitration clause in the driver agreement and did not opt out of arbitration by submitting a valid opt-out request with thirty (30) days of receiving each version of Uber’s arbitration agreement).
    3. Directors, officers, or agents of Uber or its subsidiaries and affiliated companies.
    4. Individuals designated by Uber as employees of Uber or its subsidiaries and affiliated companies.
    5. Members of the Court’s immediate family or staff.
    6. Drivers who validly and timely exclude themselves from the Settlement using the procedure set forth in FAQ 17.
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  7. I’m not sure if I am included in the Settlement?

    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.

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  8. What does the Settlement provide?

    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.


    Monetary Benefits


    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:

    1. Claims for unpaid wages (including without limitation claims for minimum wage, regular wages, overtime, final wages, calculation of the correct overtime or regular rate, and meal period and rest period premiums), expense reimbursements, interest, and penalties (including waiting time penalties pursuant to California Labor Code section 203 and wage statement penalties pursuant to California Labor Code section 226);
    2. Claims pursuant to California Labor Code sections 200-204, 206.5, 207, 208, 210-214, 216, 218, 218.5, 218.6, 221-224, 225.5, 226, 226.3, 226.7, 226.8, 227, 227.3, 245-249, 351, 353, 432.5, 450, 510, 512, 551-552, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 2753, 2802, and 2804 (payment of wages upon discharge at place of discharge, requirements regarding posting of regular pay days, fringe benefits, or health and welfare or pension fund contributions, penalties associated with requiring workers to repay wages to employer or with paying a lower wage, unlawful deductions, itemized wage statements, meal and rest breaks, vacation and sick days, gratuities, limits on hours and days of work, minimum wage, overtime, recordkeeping, failing to reimburse necessary business expenses);
    3. Claims pursuant to California Code of Civil Procedure section 1021.5 (penalties associated with hiring a contractor if license is invalid);
    4. Claims pursuant to California Code of Regulations, Title 8, sections 11010 and 11040 (wage orders regulating wages, hours, and working conditions);
    5. Claims pursuant to Industrial Welfare Commission Wage Orders;
    6. Claims under California Business and Professions Code section 17200, et seq. and 17500 (for unlawful, unfair, or fraudulent business practices);
    7. Claims under California common law to recover any alleged tip or expense;
    8. Claims pursuant to Massachusetts General Laws, chapter 149, sections 19, 19A, 19C, 20, 24A, 24B, 24C, 24D, 24F, 52C, 52D, 100, 105A, 105B, 105D, 148, 148A, 148B, 148C, 150, 150A, 152A, and 180 (keeping and furnishing information regarding personnel records, meal and rest breaks, parental leave, family and medical leave, sick time, payment of wages upon discharge, notification of deductions, violations related to tips, age and gender discrimination, requiring an employee to furnish a copy of a medical report or inquiring into undocumented status);
    9. Claims pursuant to Massachusetts General Laws, chapter 151, sections 1, 1A, 1B, 7, 10, 15, 16, 19, and 20 (overtime, minimum wage, record-keeping, posting of minimum wage amounts);
    10. Claims pursuant to Massachusetts General Laws, chapter 93A, sections 1, 2, and 11 (unfair business practices);
    11. Claims pursuant to Massachusetts General Laws, chapter 266, section 91 (untrue and misleading advertisements);
    12. Claims under Massachusetts common law to recover any alleged tip or expense;
    13. Claims for attorneys’ fees and costs;
    14. Claims of unfair business practices; and
    15. All claims, including common law claims, arising out of or related to the statutory causes of action described above.

    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.


    Changes to Uber’s Policies


    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:

    1. Comprehensive Written Deactivation Policy: Uber will maintain Community Guidelines (the “Policy”). Pursuant to this Policy:
      1. Low acceptance rates are not grounds for account deactivation.
      2. Uber will maintain its comprehensive Policy online in an easily-accessible and easily-understood format.
      3. Uber will provide advance warning before a Driver’s user account is deactivated for reasons other than safety issues, physical altercation discrimination, fraud, sexual misconduct, harassment, or illegal conduct (each, an “Excluded Matter”).
      4. Uber will provide the Driver with an explanation for its decision to deactivate the account.
    2. Formal Appeals Process for Deactivation Decisions: On or before one hundred and eighty (180) days after the Effective Date, Uber will institute a formal appeals process for deactivation decisions, except in certain circumstances (e.g., among others, where deactivation relates to or arises from low star ratings, safety issues, criminal activity, physical altercation, sexual misconduct, fraud, discrimination, harassment and background checks). To that end, Uber will create a Driver Panel in major cities with Greenlight Hubs that consists of high-quality, highly-rated active Drivers. For Drivers who initiate a formal appeals process, the panel will recommend whether Drivers should be reactivated in the event their user account was deactivated.
    3. Quality Courses for Drivers: Uber will make quality courses available for Drivers whose user accounts are deactivated in California and Massachusetts, except in the event of an Excluded Matter. Uber will work with third-party providers to help lower the cost of these courses for Drivers. Completion of one of these courses will make Drivers eligible for consideration for reactivation.

    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.

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  9. How are individual Settlement Class Member payments determined?

    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.

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  10. What if I disagree with my payment?

    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.

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  11. How can I get a payment?

    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.

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  12. When would I get my payment?

    On August 29, 2019, the Court held a Final Approval Hearing, "Fairness Hearing," and approved the Settlement. It is anticipated that you will 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.

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  13. What am I giving up by staying in the case and getting a payment?

    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.

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  14. Do I have a lawyer in the case?

    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:

    Class Counsel
    Shannon Liss-Riordan, Esq.
    Adelaide Pagano, Esq.
    LICHTEN & LISS-RIORDAN, P.C.
    729 Boylston Street
    Suite 2000
    Boston, MA 02116
    1-855-590-2600
     uberlawsuit@llrlaw.com

    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.

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  15. How will the Lawyers and Class Representatives be paid?

    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.

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  16. What does it mean to request exclusion from the Settlement?

    To exclude yourself from this Settlement, you must have sent 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.

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  17. How do I ask the Court to exclude me from the Settlement?

    For Class Members for whom notices were sent on April 19, 2019, the exclusion deadline was June 18, 2019.

    If, before the deadline, you requested 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.

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  18. If I don’t exclude myself, can I sue Uber for the same thing later?

    No. Unless you excluded yourself, you gave 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 have excluded yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline was 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 was June 18, 2019.

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  19. If I exclude myself, can I get money from this Settlement?

    No. If you excluded 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.

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  20. What if I do not like the Settlement?

    To object to this Settlement, you must have sent a letter by mail, 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 was June 18, 2019.

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  21. What is the difference between objecting and excluding?

    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.

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  22. When and where will the Court decide whether to approve the Settlement?

    The Court has approved the settlement at the Final Approval Hearing, "Fairness Hearing," held on August 29, 2019. Updates will be posted to this site as they become available. At the Fairness Hearing, the Court considered whether the Settlement was fair, reasonable, and adequate and considered 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.

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  23. Do I have to come to the Fairness Hearing?

    On August 29, 2019, the Court held the Final Approval Hearing, "Fairness Hearing," and approved the Settlement.

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  24. What if the Settlement is not approved?

    On August 29, 2019, the Court held the Final Approval Hearing, "Fairness Hearing," and approved the Settlement.

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  25. What happens if I do nothing at all?

    If you do nothing, you’ll get no money from this Settlement. But, unless you excluded 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.

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  26. How do I get more information about the Settlement?

    This website and the Notice you received summarize the 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, uberlawsuit@llrlaw.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.

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  27. How can I update my information?

    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
    Settlement Administrator
    c/o Epiq
    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.

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