Are Uber Drivers Owed Millions of Dollars Due to Wage Theft?
/Did you know that rideshare drivers in New York City have filed a lawsuit against Uber? The lawsuit claims that Uber wrongfully deducted taxes from divers’ paychecks and did not provide them with the full income they earned from their rides through the popular ridesharing app. The suit was filed in a U.S. district court in Manhattan.
According to the lawsuit, 96,000 drivers are owed money because of two employment law violations: 1) Uber allegedly deducted money from drivers’ paychecks for both the state’s sales taxes and 2) a surcharge intended to apply to rides across state lines. Uber drivers also claim that the contract they have in place with the popular ridesharing company requires that Uber pay the driver the passenger’s full fare minus Uber’s service fee. According to the drivers, Uber also used a manipulative system of charging passengers that had the passenger paying a higher fare than what was reported to the driver, and Uber pocketed the difference between the indicated fare and the actual (higher) fare. This practice denied the drivers their contractual share of the full fare being charged to customers.
According to the allegations, it is estimated that the drivers are owed around $5 million.
There are three Uber drivers named in the suit:
Levon Aleksanian
Sonam Lama
Harjit Khatra
The plaintiffs listed in the lawsuit asked a federal judge to approve the class action for close to 100,000 drivers affected by the alleged violations. This lawsuit is part of a wave of employment lawsuits aimed at rideshare companies and other gig economy companies that are attempting to bolster wages of workers. Uber and Lyft were initially applauded for disrupting a stale industry, but in recent news they’re receiving more attention for the potential their business models present for worker exploitation.
Other companies facing similar allegations include: Instacart, DoorDash, etc. All of which have business models that rely on their workers using their app. These app-based gig economy businesses are drawing significant criticism in recent years for pocketing funds that should go to their drivers (i.e. deducting customer tips from payments submitted, etc.)
In California, Governor Gavin Newsom recently signed a state bill into law after months of organizing by rideshare drivers and supporters. The new legislation attempts to force companies like Uber and Lyft to classify their workers as employees and provide them with access to a wider range of rights and protections. According to trusted media sources, various gig economy companies including Uber, Lyft, DoorDash, Postmates, and Maplebear spent a combined $110 million fighting the law.
If you need to file a wage theft lawsuit or if you need to discuss other employment law violations, don’t hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.