April 5, 2021: Uber Petitions the United States Supreme Court for Certiorari

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.


May 1, 2019: Uber Files Supplemental Authority, Citing New DOL Memo

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