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.
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.
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.
On May 1, 2019, Uber asked the the Third Circuit to consider the DOL’s letter on appeal.
The drivers opposed Uber’s supplemental authority notice, arguing that the DOL letter is non-binding.
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.
Plaintiff’s filed a notice of appeal to the Third Circuit Court of Appeals on April 27, 2018.
The Court granted Uber’s Motion for Summary Judgment on April 11, 2018, finding that drivers are independent contractors based on the evidence. The Court dismissed the case accordingly. Plaintiffs plan to appeal. The Court’s Opinion is below.