Uber Must Face Class Action Lawsuit Brought by California Drivers

U.S. District Judge Edward M. Chen, from the Northern District of California, rejected Uber’s motion to dismiss a driver’s suit alleging he was misclassified as an independent contractor and shorted on wages under a new California law. It remains to be seen how many drivers in the putative class are covered by Uber’s arbitration agreement.

Judge Chen kept alive most of the driver’s claims in light of Assembly Bill 5, which was signed into law in September and was set to take effect Jan. 1, 2020, which codified the so-called ABC test that the California Supreme Court adopted in its April 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles. The decision imposed a stricter three-pronged test on employers looking to classify workers as independent contractors, who have fewer workplace protections than employees.

The case is Colopy v. Uber Technologies Inc., case number 3:19-cv-06462, in the U.S. District Court for the Northern District of California.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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Steve Larson

An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, environmental clean-up litigation, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve’s clients value his creative approach to resolving complex litigation matters.


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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.