Suit: Uber Saved $500M a Year by Misclassifying California Drivers as Independent Contractors

September 12, 2018

Uber Technologies Inc. may be saving more than $500 million a year by misclassifying its California drivers as independent contractors, according to a lawsuit that claims the ride-hailing company is flouting a ruling by the state’s highest court.

Uber avoids paying an average of $9.07 an hour in expenses and benefits that it would incur if drivers were properly treated as employees, according to the complaint filed in federal court in San Francisco. In other words, if they got minimum wage, overtime, meal and rest breaks, workers’ compensation and unemployment and health insurance, as well as Social Security and Medicare benefits.

The case was brought by a car delivery service that alleges Uber uses its illegal labor savings to price rides below their true cost, allowing it to take business and market share from competitors that compensate drivers as employees. The complaint cites an April ruling by the California Supreme Court that set a tougher threshold for companies to classify workers as independent contractors.

A spokesman for Uber didn’t immediately respond to an emailed request for comment on the lawsuit sent outside regular business hours.

The case is Diva Limousine v. Uber Technologies Inc. in U.S. District Court, Northern District of California.

Topics Lawsuits California Personal Auto Contractors Sharing Economy Ridesharing

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Latest Comments

  • September 13, 2018 at 1:04 pm
    Agency says:
    California politicians are as dirty as they come and this is not about protecting drivers because the new conditions will ruin it for drivers. If they are made employees, rate... read more
  • September 12, 2018 at 2:46 pm
    M says:
    Recently, the CA Supreme Court recently ruled in a case against Dynamex that the standard to determine IC/EE status in transportation relative to wages (Wage Order 9) that the... read more
  • September 12, 2018 at 2:41 pm
    Agency says:
    I take Uber on a regular basis, these drivers are as independent as one comes and will easily pass the IRS test on Independent Contractors. They user their own vehicles and wo... read more

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