On April 5, 2021, Uber asked the United States Supreme Court to review the Third Circuit’s decision to reverse summary judgment. Uber argues that there is a circuit split on whether the FLSA’s “economic reality” test presents a question of fact that can preclude summary judgment. According to Uber, the Third Circuit’s view on this issue is “irreconcilable” with the Court’s precedent.
Uber’s petition for a writ of certiorari and appendix is available for download using the below links.
On November 5, 2020, the Third Circuit Court of Appeals denied Uber’s petition for rehearing by the panel and the Court en banc. The Third Circuit also made minor edits to the panel decision.
On March 17, 2020, Uber petitioned the Third Circuit Court of Appeals to review its opinion en banc, arguing that the three-member panel of appellate judges erred in reversing dismissal.
Uber’s Petition for En Banc Review
On March 3, 2020, the Third Circuit Court of Appeals revived Philadelphia-based UberBlack drivers’ misclassification case against Uber, finding that the drivers are entitled to go to trial to prove whether they are employees. Below is the opinion and judgment from the Third Circuit.
Third Circuit Opinion
Third Circuit Judgment Reversing Dismissal
The Third Circuit Court of Appeals held oral argument on January 15, 2019. The audio recording is available here: https://www.courtlistener.com/audio/60965/razak-v-uber-technologies-inc/.
On April 29, 2019, the U.S. Department of Labor on Monday unveiled its first Trump-era guidance on the hot-button issue of employee-versus-independent contractor classification, saying workers for an unnamed gig economy platform that connects service providers with clients are contractors.
DOL Opinion Letter
On May 1, 2019, Uber asked the the Third Circuit to consider the DOL’s letter on appeal.
Uber’s Supplemental Authority Notice
The drivers opposed Uber’s supplemental authority notice, arguing that the DOL letter is non-binding.
Response to Supplemental Authority Notice
According to its initial public offering filings with the SEC, Philadelphia drivers’ lawsuit is an existential threat to Uber. Read more here: https://www.inquirer.com/news/uber-driver-gig-economy-ipo-ride-share-20190412.html.
The Chamber of Commerce filed an amicus brief in support of Uber on October 1, 2018.
Chamber of Commerce Amicus Brief
Plaintiffs filed their opening appellate brief and appendix on July 25, 2018.
Appellants’ Opening Brief and Appendix Volume 1
Appellants’ Appendix Volumes 2-6