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.
Daily News & Commentary
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September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.
September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.