Jon Weinberg is a student at Harvard Law School.
Caroline O’Donovan reports for Buzzfeed that named plaintiff Douglas O’Connor is among those who have filed objections to the proposed settlement in O’Connor v. Uber, the federal class action challenging the classification of Uber drivers as independent contractors. O’Connor “is removing his name from the landmark class-action suit for which he was a key plaintiff. He is also replacing Shannon Liss-Riordan, his legal counsel and architect of what he describes as a “disastrous” settlement, with L.A. lawyers Mark Geragos and Brian Kabateck.” O’Connor’s full Declaration can be found here.
The objectors and Liss-Riordan dispute the reasonableness of the proposed settlement. O’Connor contends that “under the agreement, Uber drivers are being sold out and shortchanged by billions of dollars while sacrificing the determination of their classification as employees. Additionally, while the settlement includes a nonmonetary component, those provisions will expire after only two years and serve as mere window dressing for an otherwise deficient agreement.” Wired further notes that “as part of the settlement process, other drivers in the class have [] filed numerous objections with the court over the last month, disputing matters such as how reimbursement costs have been computed and Uber’s disproportionate control over their actions on the job.”
Liss-Riordan continues to defend the adequacy and significance of the proposed settlement. In a previous statement, she outlined the “very significant changes that will improve work conditions for Uber drivers” in addition to the $84 to $100 million monetary settlement, including but not limited to protections against at-will driver termination, the formation of driver associations, and the ability of drivers to actively solicit tips. She believes that “the settlement we have been able to negotiate for Uber drivers throughout California and Massachusetts provides significant benefits – both monetary and non-monetary – that will improve the work lives of the drivers and justifies this compromise result (which will not result in the drivers being reclassified).”
Additionally, Liss-Riordan has stressed that absent a settlement, an appellate court may have invalidated Judge Edward Chen’s expansive class certification finding Uber’s driver arbitration clauses unenforceable. As we’ve previously noted, “three other federal cases were recently dismissed by federal district judges who enforced Uber’s mandatory arbitration clauses.”
OnLabor will continue to monitor developments as the proposed settlement awaits approval or rejection by Judge Chen.
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November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.