Boston suit targets Uber drivers’ contractor status

A new class-action lawsuit alleges that the car service Uber takes advantage of its drivers.

The lawsuit, filed yesterday in Suffolk County Superior Court, alleges that the company misclassifies its Uber Black Car, UberX and UberSUV drivers as independent contractors and forces them to pay for gas, insurance and other expenses that should be borne by Uber Technologies Inc.

"Is Uber a car service? We contend that it is, and the drivers are its employees," said Shannon Liss-Riordan, a Boston labor lawyer who filed the lawsuit.

"If the drivers are independent contractors, the burden is on Uber to prove that the services provided by the drivers are outside the ordinary course of its business."

The lawsuit also alleges that Uber violates Massachusetts law by advertising to customers that tips are included in the cost of its car service but refusing to give the total proceeds of any such gratuity to drivers.

In addition, Uber has tried to prevent its drivers from joining class-action lawsuits through an arbitration clause in their contracts, Liss-Riordan said. But a federal court in California ordered the company to notify drivers they have 30 days to opt out of the arbitration clause by emailing optout@uber.com.

In an email yesterday, Uber spokesman Taylor Bennett said: "While we can't comment on active litigation, I can tell you that Uber will vigorously defend the rights of drivers to build their own small business, and riders to enjoy competition and choice."

Also in today's Boston Herald:

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