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

Uber filed its appellee brief on September 25, 2018.

Uber’s Appellee Brief

Uber’s Supplemental Appendix Volume I

Uber’s Supplemental Appendix Volume II

Plaintiffs filed their opening appellate brief and appendix on July 25, 2018.

Appellants’ Opening Brief and Appendix Volume 1

Appellants’ Appendix Volumes 2-6

Plaintiff’s filed a notice of appeal to the Third Circuit Court of Appeals on April 27, 2018.

Notice of Appeal

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.

Opinion Granting Summary Judgment