On May 26, 2017, Uber filed a motion contending that even if UberBLACK drivers are employees, they are not entitled to compensation for time spent online.
Driver’s filed their opposition briefs on June 16, 2017 and August 4, 2017, arguing that they are entitled to wages for time spent online due to its restrictive nature.
On September 13, 2017, Judge Baylson gave the drivers another victory, denying Uber’s motion, and holding that this question should be determined at trial. Judge Baylson also ruled that it was time to address, on summary judgment, the core issue of this case – whether UberBLACK drivers are, under the law, independent contractors or employees.
Judge Balyson ordered the parties to conduct expedited discovery on the employment status issue. The parties are to submit competing motions for summary judgment by November 27, 2017.
This case is now poised to be the first in which a U.S. District Court addresses the employment status of Uber drivers on summary judgment.
(Judge Baylson previously ruled that, based solely on the driver’s complaint, there were sufficient allegations to find an employment relationship. Click here to read more about this prior ruling.)