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Uber Violated California Gig-Worker Law, Rideshare Drivers Group Says in New Lawsuit

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Uber drivers and advocates rally outside the company's driver support center in South San José on June 25, 2024. Rideshare Drivers United asked a state court in San Francisco to bar Uber from reaping the benefits of a 2020 gig-worker law. The company called the lawsuit “baseless.”  (Joseph Geha/KQED)

A ride-hail driver organization alleged Uber broke a California gig-worker law by failing to provide terminated drivers enough of a recourse to challenge account deactivations, according to a lawsuit filed Monday in San Francisco. If successful, the complaint could open a way for workers in the industry to claim additional rights.

Approved by voters in 2020, Proposition 22 gave Uber a big win, allowing the company to classify its drivers as independent contractors — who are often cheaper to hire and easier to fire than employees. But attorneys for Rideshare Drivers United, which represents about 20,000 app-based drivers statewide, contend Uber terminated thousands of them without an appeals process required by that law.

“Uber has not held up its end of the bargain,” said Shannon Liss-Riordan, an attorney for the group. “It has not complied with Prop 22, and as a result, it should not get the benefit of Prop 22, meaning that Uber should not be able to claim that the drivers are independent contractors.”

An Uber spokesperson rejected the allegations, slamming the lawsuit as a “publicity stunt” that the company will fight in court.

The legal challenge represents the latest attempt in a years-long battle by gig workers to gain more labor protections. Independent contractors have more flexibility on the job, but lack employee rights such as overtime pay, unemployment insurance benefits and expense reimbursements. If the state court grants Rideshare Drivers United’s request to bar Uber from treating its drivers as independent contractors, they could then be entitled to employee protections, Liss-Riordan said.

A woman wearing sunglasses drives a car while holding a sign that says: "Lyft and Uber we see you profiting off our back!"
Rideshare drivers protest outside Uber’s former headquarters on Market Street in downtown San Francisco on Aug. 27, 2019. (Courtesy of Gig Workers Rising)

The most common reasons drivers lose access to their accounts are an expired document or a background check issue, according to Uber. The company said it provides drivers with multiple channels to raise concerns, request reviews of deactivations, and provide evidence to support their case.

“This is a baseless lawsuit by an opportunistic trial lawyer seeking to overturn Proposition 22 and the will of California voters,” an Uber spokesperson said in a statement. “Uber complies with Prop 22, including providing drivers with clear processes to appeal deactivations, raise concerns and request reviews, while delivering guaranteed earnings, healthcare support, and the flexibility drivers value.”

At a press conference on the steps of the California Supreme Court building near Civic Center Plaza, several terminated drivers said Uber unfairly cut them off the platform, without sufficient explanation or a meaningful way to challenge the decision. They said they tried calling the company and interacting with its chatbots, to no avail.

“It seems like it was nothing but a copy and paste response,” said Devins Baker, 36, who said he was deactivated the week before Christmas in 2024 after driving for Uber for years. “No matter what I sent, even going in person, just seems like they had already made a decision even prior to my appeal.”

Baker, an Oakland resident, said suddenly losing his Uber driver job left him scrambling to find another way to make money, so he could keep his housing.

“The process actually has been very much of a headache,” he said.

Other Bay Area drivers with high ratings and years of experience said Uber account deactivations left them struggling to make ends meet. Mirwais Noory, a father of four living in Antioch, said he moved his family from one house to another because they couldn’t afford the rent.

Since his termination in November 2024, he has worked as a security guard and part-time rideshare driver for Lyft, he said, but still owes thousands of dollars in credit card debt.

“It affected me hugely because I’m the only one making money in my family,” said Noory, 38. “It just turned my situation upside down … and basically, there was no accountability from Uber.”

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