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Rideshare Lawsuit

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sputnikno6
15 Driver
 Posted 10 months, 2 weeks ago

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Hi everyone,

I’ve been seeing these lawsuit topics pop up on Facebook and in my email regarding some wages legalities concerning ride share drivers being contractors but there being some issues of compensation, overtime, and benefits that might be owed to us.  I just wanted to get my fellow drivers’ thoughts on the issue and if you’ve done anything.

One of the ads on Facebook was for Zimmerman Reed LLC. And they’re asking for 40% of the total which seems steep to me. 

What do you think?

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    BrendonAE
    34
     10 months ago

    Zimmerman Reed is the company that was running a class action suit against Uber on the "Hell" software, which was a spyware that was tracking Lyft usage on people's phones. 

    Oh, it looks like Uber won. https://www.law.com/therecorder/2018/09/27/judge-hands-uber-win-in-lyft-drivers-suit-over-hacked-mobile-app/?slreturn=20190101165626

    I haven't heard the recent updates on the "employee or contractor" discussion. There are many other lawsuits happening around this, so I would be careful of jumping into talking with lawyers without doing some research first.  Remember many bodily injury law firms are ambulance chasers and are always looking for a fight.

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      SmittenKitten
      2004 Rider
       10 months ago

      The criteria to determine if you are an employee or a contractor is outlined by IRS. However, this is often argued as the terms are somewhat subjective. 

      • Does the company control or have the right to control what the worker does and how the worker does the job?
      • Does the company control the business aspects of the worker’s job?  These include arrangements like how the worker is paid, whether expenses are reimbursed, and who provides tools and supplies.
      • Is there a written contract or employee benefits such as a pension plan, insurance, or vacation pay?
      • Will the relationship continue and is the work a key aspect of the business?

      https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee


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    TonyAlmeida
    1139 Rider
     10 months ago

    If you are speaking of the O'Connor v. Uber case, the judges have ruled in favor of Uber, where drivers were deemed as contractors rather than employees.

    Remember that these decisions are a state-level discussion so how these decisions affect will depend on where you reside. Also, it's worth noting that there will always be appeals and different cases around this topic, so it will be very fluid for a while.

    I would be careful about jumping into these law firms' discussions. I don't think there are any harm in speaking to them, but make sure to do your own due diligence, especially if they are looking for a cut of the settlement.  Often, you are entitled to a settlement directly from Uber.

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      LCarpenter
      220 Rider Driver
       10 months ago

      I thought California decided that we were all employees.

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    ErasDrivingCo
    97 Driver
     10 months ago

    Did you see this? It's basically the settlement from Uber on underpaying us and treating us like contractors.  $0.11 a mile (since 2013), and they've been reaching out to drivers.

    https://ride.guru/lounge/p/would-you-settle-with-uber-for-011-a-mile

    The rulings of all these do depend on the state you are in. In California, there was a big case where the court ruled in favor of the drivers, i.e. drivers should be treated as employees and more benefits are given.

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      daisygirl
      62 Driver
       10 months ago

      Wait so drivers are getting $0.11 back for every mile they have driven since 2013? Did you have to sign up somewhere for this?

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        ErasDrivingCo
        97 Driver
         10 months ago

        No they reach out to you. Invite only. 

        It may only be in CA.

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    DDominico69
    163 Driver
     10 months ago

    Any law firm reaching out to you are scammers. They may be a real law firm, but you know they are all in it to make a buck.