Uber allegedly classified drivers incorrectly, owes backpay and overtime

By Wadi Reformado | Sep 2, 2016

MIAMI — A former Uber driver has filed a class-action lawsuit claiming that Uber drivers should not be classified as independent contractors and alleges the company should pay its drivers at least minimum wage rates.

Sebastian A. Rojas filed a complaint on behalf of all others similarly situated under 29 U.S.C. § 216(b) on Aug. 26 in the U.S. District Court for the Southern District of Florida, Miami Division, against Uber Technologies Inc., alleging that the employer failed to fairly compensate the plaintiff for all his working hours.

According to the complaint, the plaintiff alleges that he worked without being paid any overtime wages or the regular rate of pay. The plaintiff holds Uber Technologies Inc. responsible because the defendant allegedly failed to pay any overtime premium to the plaintiff for hours worked that exceeds 40 per week.

The plaintiff requests a trial by jury and seeks compensatory damages, liquidated and/or punitive damages, all legal fees and any other relief as the court deems appropriate. He is represented by Gerald F. Richman, Adam M. Myron and Joshua L. Spoont of Richman Greer P.A. in West Palm Beach, Stephen Schultz of Merrill, Schultz and Bennett LTD of San Diego and Thomas Schultz of LSRCF Law PLLC of Miami.

U.S. District Court for the Southern District of Florida, Miami Division, case number 1:16-cv-23670-RNS

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