Based on the U.S. Supreme Court’s recent ruling in Epic Systems Corp. v. Lewis, a Ninth Circuit panel had no choice but to unanimously overrule a lower court’s decision, forcing most Uber drivers to resolve their matter of Employee vs Independent Contractor in arbitration, and thereby decertifying the class action brought by the Uber drivers.

Drivers are hired by Uber as independent contractors, not employees. They sign an agreement that has an arbitration clause in it. Most of those drivers do not counter-offer to get out of the arbitration clause, fearing that doing so would risk losing the job. Many Uber drivers are now suing Uber, claiming that this “independent contractor” status is a misclassification, based on their job requirements, and they want to be reclassified as employees.

Ninth Circuit Panel Decertifies Class, Remands to Arbitration

Uber appealed, knowing that there was another case pending in the United States Supreme Court that could force the Ninth Circuit to overturn this lower court finding and require Uber drivers that did not opt-out to go through arbitration rather than the courts.

The Fight for Employment Status Rages On

The fight over Employee vs. Independent Contractor is not over, but the drivers’ case is wounded. Drivers will now be forced to settle their claims via arbitration one by one. And there are thousands of drivers that joined the class action. However, plaintiffs’ attorneys are not deterred. “If Uber wants to resolve these disputes one by one, we are ready to do that – one by one,” said attorney Shannon Liss-Riordan.

If you feel that you have been classified as an independent contractor but believe you are working and treated as an employee, contact an employment lawyer. The law may be on your side, and afford you benefits and earnings you may not currently receive.

Related Resources:

  • Find an Employment Lawyer Near You (FindLaw’s Lawyer Directory)
  • When Is a Contractor Not a Contractor? (FindLaw Free Enterprise)
  • Uber Drivers Win Settlement Over Improper Payment (FindLaw Free Enterprise)

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