UberEATS Driver Files Class Action to Fight Worker Misclassification

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Uber Technologies, Inc. subsidiary UberEATS is the defendant in a proposed class action lawsuit filed by a Florida driver who claims the mobile app-based meal delivery service unlawfully misclassifies its delivery drivers as independent contractors rather than employees. As a result of the misclassification of it is “delivery partners,” UberEATS has violated the Fair Labor Standards Act (FLSA) with regard to paying the federally mandatory minimum hourly wage. Additionally, UberEATS misclassification tactics have resulted in negative tax implications for the workers, the lawsuit alleges, as their independent contractor status deprives them of their right to minimum wage, workers’ compensation and unemployment insurance, Social Security, and other vital benefits.

From the lawsuit:

“As a result of UberEATS’ uniform misclassification of its delivery partners as independent contractors, UberEATS does not pay its delivery partners a wage for each hour, or portion thereof, that they work, Instead, UberEATS pays its delivery partners using a formula, derived and determined solely by UberEATS, based on and related in some way to the amount UberEATS receives from its customers.”