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That Little Lawsuit Against Uber Just Got Bigger — And Could Take Them Down

Posted on 12/12/15 at 8:37 am
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 12/12/15 at 8:37 am
quote:

Attorney Shannon Liss-Riordan first filed suit against Uber back in 2013, on behalf of four Uber drivers in San Francisco who wanted the company to reimburse them for their business expenses. Uber claims it's not required to pay for things like gas, insurance, and car-maintenance since drivers are not employees, but rather independent contractors.

This past September, US District Court Judge Edward Chen granted the suit class-action status, clearing the way for drivers across the state to be included. Uber then tried to limit the size of that class, by saying many of its drivers had signed an "arbitration clause" — a legal agreement designed to force employees to settle grievances outside of the courts — that barred them from filing suit. Uber quietly inserted the clause into its driver agreement back in 2014.

But on Wednesday, US District Court Judge Edward Chen rejected the validity of the arbitration clause, expanding the group of drivers eligible to sue Uber to as many as 160,000. He called the clause "both procedurally and substantively unconscionable," since there was no clear way for drivers to opt out.


LINK

TL;DR "Employees" STAAACKED, Uber FUUUCKED.


FTR I've used Uber about 4 times and have had exemplary experiences all but one time in Miami.
Posted by jonboy
Member since Sep 2003
7138 posts
Posted on 12/12/15 at 8:39 am to
What don't these Uber drivers understand about "independent contractor"?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 12/12/15 at 8:39 am to
quote:

He called the clause "both procedurally and substantively unconscionable," since there was no clear way for drivers to opt out.


I can't stand judges like this.

There WAS/IS a clear way to opt out... don't drive for Uber
Posted by Tiger Ryno
#WoF
Member since Feb 2007
102973 posts
Posted on 12/12/15 at 8:42 am to
I'm on ubers side. These but munches that thunk they are owed an employee agreement for picking people up on the way to work and home can pound sand.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42453 posts
Posted on 12/12/15 at 8:43 am to
Just labeling someone as an independent contractor doesn't mean they're an independent contractor
Posted by SG_Geaux
1 Post
Member since Aug 2004
77929 posts
Posted on 12/12/15 at 8:43 am to
So a few idiots are going to ruin Uber for all of us.
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 12/12/15 at 8:44 am to
yea judges like that are the worst.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34988 posts
Posted on 12/12/15 at 8:44 am to
Won't be a big deal. Bunch of whiney arse employees.
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 12/12/15 at 8:44 am to
quote:

So a few idiots


Potentially 160,000 and that's only one state.
Posted by LSU6262
Member since Jun 2008
7490 posts
Posted on 12/12/15 at 8:48 am to
quote:

There WAS/IS a clear way to opt out... don't drive for Uber


This
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 12/12/15 at 8:49 am to
Über has disrupted the taxi industry. The taxi industry is unionized. Unions and the Democrats are thick as thieves. Any state run by Democrats is eventually going to find a way to crush Uber for the Teamsters.
Posted by Panny Crickets
Fort Worth, TX
Member since Sep 2008
5596 posts
Posted on 12/12/15 at 8:49 am to
That's ridiculous.

Posted by notiger1997
Metairie
Member since May 2009
58103 posts
Posted on 12/12/15 at 8:49 am to
It's your choice if you want to work for them.
Idiots!!!

Last night my company had a Christmas party and set up a deal with Uber. Using a promo code, each person was allowed a ride to and from the party with a $50 each way allowance.
Didn't cost me a dime and was see easy doing Uber instead of messing with the stupid cabbies.
Posted by VetteGuy
Member since Feb 2008
28082 posts
Posted on 12/12/15 at 8:51 am to
Solid post and extremely accurate.

Posted by Seymour
Gulf Coast
Member since Sep 2013
1630 posts
Posted on 12/12/15 at 8:55 am to
There's like a .000001% chance this case ever makes it to trial. Too many implications for too many people.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421612 posts
Posted on 12/12/15 at 8:59 am to
quote:

both procedurally and substantively unconscionable

this is the court saying, "people are too stupid to make their own agreements"

this is the type of shite that is going to swing people over to more libertarian-leaning positions
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 12/12/15 at 8:59 am to
quote:

There's like a .000001% chance this case ever makes it to trial. Too many implications for too many people.


Agreed Uber will settle for a couple million dollars. The thing is this is only California. Once they do settle the snowball effect is going to topple their entire model.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421612 posts
Posted on 12/12/15 at 9:00 am to
quote:

ust labeling someone as an independent contractor doesn't mean they're an independent contractor

but in Uber's case, they pretty much pass the IC test with flying colors, which is why courts have to reach for bullshite like unconscionably. the UC argument is the most perverse argument in contract law, and is a white flag that you've lost the argument and are appealing to emotion
Posted by rocket31
Member since Jan 2008
41819 posts
Posted on 12/12/15 at 9:00 am to
quote:

Once they do settle the snowball effect is going to topple their entire model.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421612 posts
Posted on 12/12/15 at 9:02 am to
quote:

Über has disrupted the taxi industry. The taxi industry is unionized. Unions and the Democrats are thick as thieves. Any state run by Democrats is eventually going to find a way to crush Uber for the Teamsters.

it's not just that

Uber doesn't have that magical status of being regulated like taxis are. states, esp authoritarian ones likes california, can't stand an idea being so progressive that it consistently avoids their grasp. their whole government complex is built on an insatiable desire to control the lives of its citizenry. why? because the government of California believes that it's citizens are too stupid to make their own decisions, and that's exactly the justification that the judge used in its ruling
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