Uber owes drivers money for tips and car expenses: Class action lawsuit filed by Pennsylvania driver

Sept. 21, 2015 - PRLog -- A Pennsylvania Uber driver has filed a proposed class action against Uber Technologies Inc. and Raiser, LLC (collectively “Uber”) alleging Uber withheld tips earned by the driver and incorrectly classified him and other Uber drivers as independent contractors to avoid reimbursing drivers for costs associated with driving for Uber.

The complaint, filed today in a Pennsylvania court proposes to represent all drivers that drove for Uber in Pennsylvania. The plaintiff claims that Uber failed to pay them tips intended for them and prohibited drivers from accepting tips initially offered by customers.

The complaint includes instructions provided to Uber customers informing them that their fare “is automatically charged to [their] credit card on file – there’s no need to tip.” The plaintiff claims Uber withheld the portion of the fare paid by customers that was intended to be a tip.

Attorney Marie Napoli, whose law firm filed the complaint on behalf of the drivers, said, “Uber did not designate any portion of the fare collected as a tip – cheating Pennsylvania Uber drivers from the customary 20% gratuity they usually earn.”

The complaint also alleges that Uber incorrectly classified drivers as independent contractors instead of employees. The classification as independent contractors forced Uber drivers to use their own money to pay for their cars, gas, insurance and repairs. “Employers must reimburse work-related expenses paid by employees – by classifying drivers as independent contractors, Uber violated Pennsylvania law by failing to reimburse Uber drivers for their expenses,” Ms. Napoli added.

The law firms Napoli Law PLLC and Imbesi Law P.C. are jointly representing the Pennsylvania plaintiff. The firms recently filed a similar class action on behalf of Arizona and New York Uber drivers and plans to represent over 300,000 Uber drivers nationally, according to Vincent Imbesi, a partner of Imbesi Law P.C. “Some drivers may be excluded from class actions, but we will file as many individual arbitration claims necessary to recover money rightfully owed to individuals who drove for Uber,” Mr. Imbesi added.

“Our firms’ attorneys have the financial ability to file 300,000 arbitrations if necessary and our previous record evidences our ability to represent thousands of individuals at one time and recover hundreds of millions of dollars for victims arising out of a single event,” Mr. Imbesi commented.

The firms established a website http://www.uberdriverslawsuit.com to help Uber drivers nationwide if they are owed money.

Media requests about the lawsuit should be made to attorney Brittany Weiner.

Brittany Weiner, Esq.
brittany@lawicm.com
646-380-955

Imbesi Law P.C. 450 Seventh Avenue, 14^th Floor New York, New York 10123 Attorney Advertising Napoli Law PLLC 1301 Avenue of the Americas New York, NY 10019