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Uber Drivers Class Action Lawsuit Overview:
- Who: An Ontario court certified a proposed Class of Uber drivers in a class action lawsuit filed against Uber Technologies Inc in 2017.
- Why: Certification brings Uber drivers one step closer to important employment benefits the class action lawsuit is seeking.
- Where: The Uber driver class action lawsuit was certified by Ontario’s Superior Court of Justice.
Canadian Uber drivers moved a step closer to employee classification on Aug. 12 after Ontario’s Superior Court of Justice certified a class action lawsuit lodged against the company.
Plaintiff David Heller originally filed the class action lawsuit on behalf of himself and potential Class Members against Uber Technologies Inc in 2017. Heller claimed the ride-hailing company should provide its drivers with a minimum wage, vacation pay, and other protections since they qualify as employees under Ontario’s Employment Standards Act.
Uber currently classifies its drivers as independent contractors.
Uber Drivers Fight Long Court Battle for Benefits
The $400-million class action lawsuit has been strongly contested by Uber since it was first brought against the company.
Uber was initially able to get the class action lawsuit stayed after it argued deliberation had to go through mediation in the Netherlands — where the San Francisco-based company’s headquarters were originally located — but the Ontario Court of Appeal reversed the stay in 2019.
The Supreme Court of Canada subsequently ruled the class action lawsuit could go forward and that drivers could have their labor issues resolved through courts in Ontario. The court ruled that forcing Uber drivers to settle the dispute via arbitration with the Netherlands was “unconscionable.”
Having to mediate the case through the Netherlands would have cost Uber drivers US$14,500, approximately half of what the plaintiff claims he makes per year driving 40 to 50 hours a week for the company.
Will Uber Fight Driver Certification?
Uber can appeal Thursday’s certification ruling. The company has recently been promoting a new labor model in Canada called Flexible Work+ which requires app-based gig employers to accrue self-directed benefit funds which can then be dispersed to drivers for things like vision and dental care.
Gig workers and labor groups are fighting the proposed model, claiming it allows companies like Uber to continue treating them unfairly.
Uber took steps last year to avoid more class action lawsuits by demanding Canadian drivers sign a new contract to continue driving for the company.
Do you drive for Uber and feel you should be seen as an employee? Let us know in the comments!
The plaintiff is represented by Lior Samfiru of Samfiru Tumarkin LLP.
The Uber Driver Class Action Lawsuit is Uber Technologies Inc., et al. v. Heller, Case No. cv-17-567946-00CP, in the Ontario Superior Court of Justice.
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