March 3, 2020: Third Circuit Revives UberBLACK Drivers’ Case

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


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