Hillsborough Uber drivers file suit alleging labor law violations
By Elaine Silvestrini | Tribune Staff
Published: January 25, 2016
Updated: January 25, 2016 at 11:36 PM
TAMPA - Four Hillsborough County Uber drivers are joining a growing number of their colleagues across the country, suing the ride-summoning company for what they allege are violations of their rights under federal labor laws.
The drivers — Antonio Suarez, Fernando Alegria, Hillary Mitchell and Judhit Santander — seek to become part of a class action, arguing Uber unfairly classifies them as independent contractors, rather than employees. Similar lawsuits have been filed in Orlando and California,
An Uber spokeswoman released a state
ment in response to the latest lawsuit filed in U.S. District Court in Tampa: “As the Florida Department of Economic Opportunity’s final order recently recognized, Uber’s partners are independent contractors who use Uber on their own terms; they control their use of the app, deciding when and for how long they drive, and whether they drive at all. Nearly 90 percent of drivers say the main reason they use Uber is because they love being their own boss.”
As Uber noted, the state Department of Economic Opportunity, Florida’s job agency, last month ruled that former Uber drivers were not entitled to unemployment benefits because they were independent contractors, not employees.
The Associated Press reported that Florida’s ruling ran counter to the way California and Oregon interpreted the issue. According to Florida, drivers are merely middlemen and are not entitled to the benefits. A part of the ruling read: “Uber is no more an employer to drivers than an art gallery is to artists.”
Uber on Monday also cited a survey of drivers who said they prefer the flexibility of being independent contractors.
The Tampa lawsuit says Uber’s classification of drivers as independent contractors violates the Fair Labor Standards Act by denying the employees at least minimum wage for every hour worked and overtime for hours worked in excess of 40 hours a week.
The classification also creates negative tax implications and denies the drivers workers’ compensation insurance, unemployment insurance, disability insurance and other benefits, according to the lawsuit.
The lawsuit argues that Uber drivers have to abide by the company’s rules, regulations and policies and are paid by Uber, which collects and sets customer
fees.
The complaint says Uber controls the way Uber drivers work and has the right to hire and fire drivers at its discretion. The company blocks drivers from using its phone applications, giving the company the ability to prevent its drivers from working.
The plaintiffs and their lawyers could not be reached Monday for comment.
The California lawsuit, filed in 2014, was granted class action status last month and is scheduled for trial in June. The Orlando lawsuit was filed on Dec. 31 and is still in its early stages.
esilvestrini@tampatrib.com
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