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The ride-sharing company Uber appears to be working to keep its Canadian drivers from entering or launching more class action lawsuits against them. Uber is reportedly demanding its drivers to settle problems out of courts by requiring them to sign a new contract to continue using its app.
The lawyer in a $400 million Uber class action lawsuit is reportedly worried that Uber’s decision may upset the case of drivers being classified as employees. Uber has created new guidelines for Canadian riders to soon follow as well.
Uber’s New Agreement Demands
The Uber class action lawsuit is being represented by lawyer Lior Samfiru. He reports that Uber drivers were asked to sign new contracts that request they do not pursue class action lawsuits against the company. Uber is asking employees to agree with settling problems with the company through mediation, according to the lawyer.
He says that Uber drivers get locked out of the app unless they accept the agreement.
He adds: “For a driver that is trying to earn a living wage, especially during these difficult times, what are the chances that someone is actually going to read this in detail, understand what it means, understand the options, and make an informed decision?”, according to Global News.
Uber announced a statement to The Canadian Press that the updated agreement is more “accessible” to its drivers so that Uber Canada is aligned with other authorities.
However, Samfiru is concerned that the contract will have a negative effect on Plaintiff David Heller’s Uber class action lawsuit that was initiated in 2017.
The Massive Impact of the Heller v. Uber Case
Uber Eats driver David launched a class action lawsuit against Uber making the claim that he and other Uber drivers should be classified as employees rather than independent contractors. David was stopped by Uber’s legal terms that demand that its workers settle issues outside of the court. But, the arbitration clause was determined to be illegal by the Ontario Court of Appeal.
The $400-million class action lawsuit continued and fought for drivers to be entitled to a minimum wage and a benefits package. Meanwhile, in California, a judge decided Uber and Lyft drivers should be considered employees due to the fact that ride-hailing workers fulfilled specified requirements by their companies. The Supreme Court of Canada ruled in favour of the Uber drivers, stating that Uber’s demands that its drivers only settle issues through arbitration are unjust. 
The Uber class action lawsuit Canada is seeking $200 million in compensation for drivers and an additional $200 million in punitive damages. If drivers sign the new agreement, they will have to avoid being a part of this Uber class action lawsuit, unless they read and understand a portion of the agreement’s fine print that asks drivers to email Uber and opt-out of the clause.
However, many people do not thoroughly read and understand contracts. As reported by Global News, Samfiru said, “I think (Uber) is counting on the fact that most are not going to do that, they’re not going to understand that, they’re not even going to read it. They will then have potentially thousands of drivers across the province and beyond who will then be prevented from participating in a class action.”
Uber Riders Face Policy Changes, Too
Users of Uber’s services will soon have to provide proof via pictures that they are wearing masks before getting into their Uber. A new policy allows Uber drivers to report riders without masks, and the rider will need to send Uber a selfie of them wearing a mask the next time they order a ride.
Uber has reportedly required its drivers to wear masks since May, to make riders feel comfortable during the coronavirus pandemic. Now, Uber is requesting riders return the favour.
The new mask selfie requirement will reportedly go into effect later this month in the U.S. and Canada. The requirement will go global soon after.
The coronavirus pandemic has negatively impacted Uber’s ridership. Uber has reportedly seen a colossal decrease in rides by 56% compared to last year.
Do you think Uber’s new contract for drivers is fair? How do you feel about the mask selfie requirement Uber has placed on riders? Share your thoughts in the comment section below!
David and the Class Members are represented by Lior Samfiru.
The Uber Driver Class Action Lawsuit Supreme Court Decision is Uber Technologies Inc., et al. v. Heller, Case No. 38534, in the Supreme Court of Canada.
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