FORT MYERS – A Naples woman alleges a transportation company misclassifies its employees as independent contractors and has filed a class-action suit.
Anise Marc filed a complaint individually and on behalf of others similarly situated on July 25 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against the defendants alleging breach of contract, tortious interference with prospective business relations and other counts.
According to the complaint, the plaintiff worked for the defendant for 10 days in December 2013. During that time, she alleges she was compensated $400, which averaged at $3 per hour after expenses for tolls, lease payments, car repairs and other items. She alleges the defendant misclassifies its drivers as independent contractors and that she was not paid the $5 cancellation fee or a fuel discount credit card.
The plaintiff holds Uber Technologies Inc., Rasier LLC and Does 1-50 responsible because the defendants allegedly failed to provide the class with itemized wage statements, reimbursement for expenses and retained gratuities owed to drivers.
The plaintiff requests a trial by jury and seeks damages, attorneys' fees, costs of action, interest and further relief that the court may deem just. She is represented by Jordan L. Chaikin of Chaikin Law Firm PLLC in Fort Myers; Charles E. Schaffer of Levin, Fishbein, Sedran & Berman in Philadelphia, Pennsylvania; Charles J. LaDuca of Cuneo Gilbert & LaDuca LLP in Bethesda, Maryland; and Michael McShane and S. Clinton Woods of Audet & Partners LLP in San Francisco.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 16-cv-00579