Uber’s records show that you used the Uber Rides App as a driver in California between February 28, 2019, and December 16, 2020 or the Uber EATS App in California between June 28, 2016 and October 7, 2021, and that you are not bound by Uber’s arbitration clause. The Court authorized you to receive this notice because you have a right to know about a proposed settlement of the pending class action lawsuits, and about your options, before the Court decides whether to approve the settlement. These lawsuits are known as James v. Uber Techs. Inc., Case No. 19-cv-06462-EMC (the “James lawsuit”) and Hassell v Uber Techs. Inc., Case No. 20-cv-04062-PJH (the “Hassell lawsuit”).
Judge Edward M. Chen of the United States District Court for the Northern District of California is overseeing the James lawsuit and this Settlement. This Notice is to inform you that the parties in the James and Hassell lawsuits have reached a proposed Settlement. This Notice explains your legal rights under the Settlement, the benefits that are available to you, and how to get them.
The central issue in these lawsuits is whether Uber has misclassified drivers and deliverers as independent contractors, as opposed to its employees. In the lawsuits, the plaintiffs alleged that because drivers and deliverers should be classified as employees, certain of Uber’s conduct and policies toward drivers in California violated California labor law. Specifically, the plaintiffs claimed Uber failed to reimburse drivers for vehicle-related and phone expenses and failed to provide drivers with accurate, itemized wage statements.
Uber denies any wrongdoing and liability and contends that it correctly classified drivers as independent contractors and complied at all times with applicable California law.
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” Together, the Class Representatives and Class Members are called the Plaintiffs. Uber—the company that has been sued—is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class. This Settlement seeks to resolve the James and Hassell lawsuits, and the court previously certified the James lawsuit as a class action.
The Court did not decide in favor of the Plaintiffs (the drivers) or the Defendant (Uber) in the James lawsuit. Instead, the parties agreed to a settlement that they believe is a fair, reasonable, and adequate compromise. The parties reached this agreement following several years of litigation before the trial court.
The Settlement was reached only after lengthy negotiations and independent consideration of the risks of litigation and benefits of settlement through formal conferences with an experienced mediator. The Class Representatives and their lawyers have considered the substantial benefits from the Settlement that will be given to the Class Members and balanced these benefits with the risk that a trial could end in a verdict in Uber’s favor. They also considered the value of the immediate benefit to the Class Members versus the costs and delay of litigation through trial and additional appeals. Even if Plaintiffs were successful in these efforts, Class Members would not receive any benefits for years to come. Counsel for the Plaintiffs believe that the amount Uber has agreed to pay is fair, adequate, and reasonable in light of the risks and time required to continue litigating this case.
You are a part of this Settlement if you meet the following criteria:
You are a current or former driver who has used the Uber Rides App in California between February 28, 2019, and December 16, 2020 or who has used the Uber EATS App between June 28, 2016 and October 7, 2021, and you are not bound by Uber’s arbitration clause.
If you are part of the Settlement, you are called a member of the “Settlement Class” or “Settlement Class Member” and are eligible to receive the monetary benefits described in this Notice.
However, if you are a member of the Settlement Class, you may choose to exclude yourself from the Settlement. You will not be included in the Settlement if you choose to validly and timely exclude yourself from the Settlement using the procedure set forth in the response below to Question No. 17.
The following groups of drivers are not included in the Settlement Class:
Drivers who have never used the App or used the App in other states besides California.
Drivers who are bound by Uber’s arbitration clause (because they have used the Uber Rides App or Uber EATS App any time since Uber included an arbitration clause in the driver agreement and did not opt out of arbitration by submitting a valid opt-out request in thirty (30) days of receiving each version of Uber’s arbitration agreement).
Directors, officers, or agents of Uber or its subsidiaries and affiliated companies.
Individuals designated by Uber as employees of Uber or its subsidiaries and affiliated companies.
Members of the Court’s immediate family or staff.
Drivers who validly and timely exclude themselves from the Settlement using the procedure set forth in the response below to Question No. 17.
If you are not sure whether you are included, you can get free help by calling the toll-free number, 1-888-427-9230. You may also send questions to the Settlement Administrator at firstname.lastname@example.org or James v. Uber Settlement Administrator, P.O. Box 26170, Santa Ana, CA 92799.
The Settlement provides for monetary benefits to members of the Settlement Class. If the Settlement is ultimately approved by the Court, Uber will pay $8,435,800 (the “Settlement Amount”) to settle the James and Hassell lawsuits, including the dismissal with prejudice and the release by all Settlement Class Members of all wage and hour claims now pending against Uber in California during the Settlement Class Period (“the Settlement Class Members’ Released Claims”), except that any claims that a Settlement Class Member may have under the Fair Labor Standards Act (“FLSA”) will not be released unless that Settlement Class Member submits a claim and acknowledges in writing that he or she agrees to a release of his or her claims under the FLSA. This means that class members who do not opt out of the Settlement are permanently giving up their right to be a part of another case against Uber about the claims being resolved in this Settlement. The Settlement Class Members’ Released Claims include the following:
Claims for unpaid wages (including without limitation claims for minimum wage, regular wages, overtime, final wages, calculation of the correct overtime or regular rate, and meal period and rest period premiums), expense reimbursements, interest, and penalties (including waiting time penalties pursuant to California Labor Code section 203 and wage statement penalties pursuant to California Labor Code section 226);
Claims pursuant to California Labor Code sections 200-204, 206.5, 207, 208, 210-214, 216, 218, 218.5, 218.6, 221-224, 225.5, 226, 226.3, 226.7, 226.8, 227, 227.3, 245-249, 351, 353, 432.5, 450, 510, 512, 551-552, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 2753, 2775 (et seq), 2802, and 2804 (payment of wages upon discharge at place of discharge, requirements regarding posting of regular pay days, fringe benefits, or health and welfare or pension fund contributions, penalties associated with requiring workers to repay wages to employer or with paying a lower wage, unlawful deductions, itemized wage statements, meal and rest breaks, vacation and sick days, gratuities, limits on hours and days of work, minimum wage, overtime, recordkeeping, failing to reimburse necessary business expenses);
Claims pursuant to California Code of Civil Procedure section 1021.5 (penalties associated with hiring a contractor if license is invalid);
Claims pursuant to California Code of Regulations, Title 8, sections 11010 and 11040 (wage orders regulating wages, hours, and working conditions);
Claims pursuant to Industrial Welfare Commission Wage Orders;
Claims under California Business and Professions Code section 17200, et seq. and 17500;
Claims under California common law to recover any alleged tip or expense;
Claims for attorneys’ fees and costs;
Claims of unfair business practices; and
All claims, including common law claims, arising out of or related to the statutory causes of action described herein.
After deducting attorneys’ fees and costs, settlement administration costs and additional awards to the Class Representatives for initiating and bearing the burdens of these lawsuits, all of which are subject to Court approval, the remainder of the Settlement Amount—called the “Net Settlement Fund”—will be available for distribution to Settlement Class Members.
The complete terms of the Settlement are in the Settlement Agreement, which is available on the Home tab. You may also request a hard copy of the Settlement Agreement by sending a self-addressed, stamped envelope to James v. Uber Settlement Administrator, P.O. Box 26170, Santa Ana, CA 92799.
Payments to Settlement Class Members who submit valid claims (see Question 11) will be based on each such Settlement Class Member’s share of the Net Settlement Fund. A Settlement Class Member’s share will be determined by the total number of miles that he or she has driven during “Occupied Time”, during the Settlement Class Period. “Occupied Time” means the period of time when a driver is either driving to pick up a passenger (or item such as takeout food) or transporting a passenger or item procured through the Rides App or EATS App. The settlement formula will distribute the funds (after the deduction of fees and expenses) in proportion to the number of miles driven during Occupied Time for each Settlement Class Member who submits a valid claim.
The exact amount each such Class Member will receive cannot be calculated until (1) the Court approves the Settlement; (2) amounts are deducted from the Settlement Fund for the costs of providing notice to the Class, administering the settlement, paying lawyers’ fees and expenses, paying taxes and tax-related expenses, and making enhancement payments approved by the Court; and (3) the Settlement Administrator determines the number of Class Members who excluded themselves, submitted valid claims, and after payments are made, successfully received their payment.
Approximately 60 days after final approval of the settlement, initial settlement shares will be distributed. Approximately 180 days later, all remaining unclaimed funds will be distributed to class members who received initial shares (so long as their residual payment will exceed $100.) After this final distribution, all unclaimed funds that remain will be distributed to Legal Aid at Work.
There is a process in the Settlement for you to challenge the determination of the amount of your Settlement Payment. The Settlement Administrator, with input from counsel for Plaintiffs, the Settlement Class Members, and Uber, will determine the amount of each Settlement Payment and will resolve any objections to your payment amount. You will receive further details regarding this process in the letter you will receive regarding your payment.
To qualify for a payment, you must submit a claim, either electronically or through a paper claim form.
To submit a claim electronically, you may CLICK THIS LINK to access the claim portal.
To submit a claim by paper, you can click HERE and enter your Claimant ID and Control Number to download and print a claim form. Alternatively, you can please contact the Settlement Administrator at 888-427-9230 or email@example.com, and the Administrator will send you a paper copy. Paper claim forms must be submitted to the address listed below.
When you fill out your claim form—either electronically or through a paper form—you must provide your name, current address, social security number, and the telephone number and email address you used to sign up for a driver account with Uber. In order to receive a monetary payment from the Settlement, you must submit your claim no later than June 27, 2022.
If you submit a claim to receive a monetary payment, your settlement payment will be mailed to the address you provide on your claim form. You are responsible for ensuring that the Settlement Administrator has your correct mailing information.
If you need to update your mailing information after submitting your claim, you may write to the Settlement Administrator at the following address:
Uber Class Action Settlement
P.O. Box 26170
Santa Ana, CA 92799
You can also update your information via email to firstname.lastname@example.org
Please include your Claimant ID on any correspondence sent to the Settlement Administrator.
If you do not keep your address current with the Settlement Administrator, your Settlement payment may be delayed and it is possible that you will not receive your Settlement payment.
The Court will hold a hearing—called a “Fairness Hearing”—on July 14, 2022, to decide whether to approve the Settlement. If the Court approves the Settlement after the Fairness Hearing, it is anticipated that you would receive your payment in the fall 2022. However, if there are appeals, it may take time to resolve them, perhaps more than a year. Everyone who submits a claim will be informed of the progress of the Settlement. Please be patient.
Unless you exclude yourself, you are staying in the Settlement Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Uber about the legal issues addressed in these lawsuits (see explanation of “Settlement Class Members’ Released Claims” in response to Question No. 8). It also means that all of the Court’s orders will apply to you and legally bind you. If you submit a claim, you will agree to a “Release of Claims,” available online as part of the claim submission process, which describes exactly the legal claims that you give up if you get Settlement benefits.
You do not need to hire your own lawyer. The Court decided that Ms. Shannon Liss-Riordan, Esq., and Ms. Anne Kramer, Esq. of the law firm Lichten & Liss-Riordan, P.C. are qualified to represent you and all Settlement Class Members. These lawyers are called “Class Counsel.” They are experienced in handling similar cases against other defendants. If you have questions about the lawsuit or your rights in this case, you can contact them at the address below:
Shannon Liss-Riordan, Esq.
Anne Kramer, Esq
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
You and other Settlement Class Members will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court for fees up to 25% of the gross Settlement Fund and costs incurred for prosecuting these actions. Class Counsel will ask for enhancement payments for the Class Representatives for their services as Representatives and for their efforts in bringing this case. The combined sum of all enhancement payments—to Class Representatives—shall not exceed $30,000. The actual amounts of fees and costs awarded to Class Counsel and the actual amounts of the enhancement payments will be determined by the Court.
If you want to keep the right to sue or continue to sue Uber, on your own, about the legal issues in this case, then you must take steps to get out of this lawsuit. If you get out of the lawsuit, you won’t receive a payment through this settlement. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class.
If you come within the Settlement Class definition, you will be a member of the Settlement Class and will be bound by the Settlement unless you exclude yourself. Being “bound by the settlement” means that you will be precluded from bringing, or participating as a claimant in, a similar lawsuit. Persons who exclude themselves from the Settlement Class will not be bound by the terms of the Settlement, including the release of their claims and the eligibility to receive any monetary benefits.
You cannot exclude yourself from the Settlement Class if you wish to object to the Settlement and/or appear and be heard before the Court during the Fairness Hearing. This is because you need to be a Settlement Class Member affected by the Settlement to object or appear.
To exclude yourself from this settlement, you must send a letter by mail, postmarked on or before June 27, 2022 or by email on or before June 27, 2022 to the Settlement Administrator at the following address:
Uber Class Action Settlement
P.O. Box 26170
Santa Ana, CA 92799
Your letter must contain: (1) a clear statement that you wish to be excluded from the Settlement in James v. Uber Technologies, Inc.; (2) your name (and former names, if any), address, phone number, and email address that you used when using the Uber Application to drive; and (3) your signature (or the signature of your legally-authorized representative). If your request is emailed, it must be sent from the email account that you used to sign up to use the Uber platform and your typed name will serve as your signature.
If, before the deadline, you request to be excluded from the Settlement, you will not receive any payment under the settlement and you will not be bound by anything that happens in this case.
No. Unless you exclude yourself, you give up the right to sue Uber for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is June 27, 2022.
No. If you exclude yourself, do not submit a claim to ask for any money. However, you may sue, continue to sue, or be part of a different lawsuit against Uber.
If you are a Settlement Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. If the Court rejects your objection, you will still be bound by the terms of the Settlement, but you will also receive a Settlement Payment.
Any objection to the proposed settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (James, et al. v. Uber Technologies, Inc., Case No. 19-cv-06462-EMC ), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Avenue, 17th Floor, San Francisco, CA, 94102, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be filed or postmarked on or before June 27, 2022.
Your written objection must contain: (1) your full name, address, telephone number, and signature; (2) a heading that clearly refers to the case, James et al. v. Uber Technologies, Inc., Case No. 19-cv-06462-EMC ; (3) a statement of the specific reasons for your objection; and (4) a statement of whether you intend to appear at the Fairness Hearing, either in person or by having a lawyer represent you, and, if you will have a lawyer represent you, a statement identifying that lawyer by name, bar number, address, and telephone number.
Your objection must be signed by you (or your legally-authorized representative), even if you are represented by a lawyer. If your objections do not meet all of the requirements set forth in this section, they will be deemed invalid.
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object to the Settlement because the cases no longer affect you.
The Court has preliminarily approved the Settlement and will hold a hearing, called a Fairness Hearing, to decide whether to give final approval to the settlement. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and will consider Class Counsel’s request for service awards on behalf of the Class Representatives described in response to Question No. 15, and Class Counsel’s request for attorneys’ fees and expenses. The Court will also consider objections and may grant permission for objectors to speak. The Court may decide these issues at the Fairness Hearing or take them under consideration and decide the issues at a later time. We do not know how long these decisions will take.
The Court has scheduled a Fairness Hearing at 2:30 p.m. on July 14, 2022, at the United States District Court, Northern District of California, 450 Golden Gate Avenue, Courtroom 5, 17th Floor, San Francisco, CA 94102. The Fairness Hearing may be continued or rescheduled by the Court without further notice. Settlement Class Members should check the settlement website by visiting www.jamesvuber.com or should check the Court’s PACER site (available for a fee at https://ecf.cand.uscourts.gov) to confirm the date of the Fairness Hearing.
No. You are not required to come to the Fairness Hearing, but you are welcome to come at your own expense if you so desire.
Settlement Class Members who object to the Settlement do not need to attend the Fairness Hearing for their objections to be considered. If you wish to appear either personally or through your own attorney at the Fairness Hearing, you must send both a timely objection and a notice of intention to appear to the Clerk of the Court and send a copy to the Settlement Administrator at the addresses set forth above in the response to Question No. 20 no later than June 27, 2022.
Your notice of intention to appear must include copies of any papers or other evidence that you or your lawyer will present at the hearing. Any Settlement Class Member who does not file and serve a notice of intention to appear in accordance with these instructions will not be allowed to speak at any hearing, including the Fairness Hearing, concerning this Settlement.
If the Settlement is not granted final approval, the James and Hassell lawsuits will proceed, and none of the agreements set forth in this notice will be valid or enforceable.
If you do nothing, you’ll get no money from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Uber about the legal issues in these cases, ever again.
This website summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement available on the Home tab, by contacting class counsel at Lichten & Liss-Riordan, P.C. 729 Boylston Street, Suite 2000, Boston, MA 02116, email@example.com, or by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue San Francisco, CA 94102-3489 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.