Since I am working on my book, Thriving in the Gig Economy, I have been paying particular attention to the various Uber employment lawsuits. Even though I am focusing on the high end of the gig economy where independent consultants sell their services and intellectual capital, the commodity end of Uber drivers can't be ignored, since it seems to garner all of the headlines.
This week a rather important ruling occurred that seemed to receive very little attention, which is surprising, since it suggests Uber's independent contractor lawsuits may lose class action status.
Last week, a Ninth Circuit panel effectively reversed a decision from 2015 . A year ago, a judge had said that that the arbitration agreement in Uber's contract with its drivers was unenforceable. The contract was designed to say if you have any dispute with us, Uber, you need to resolve it through arbitration rather than through the courts. In this particular case, three drivers had sued Uber for saying they violated the Fair Credit Reporting Act (FCRA) when the company ran background checks on their driving records. The FCRA, as all recruiting managers know, is the law that requires candidates for employment authorize any background checks. The decision said that Uber's arbitration clauses were fair, valid and enforceable.
By asserting that the arbitration clauses are valid in this case will have implications in the attempts of some drivers to create a class action. As an outside observer, I applaud this. Since I have the gig economy on the brain and am an avid Uber customer, I have taken to quizzing all of my drivers about there thoughts on the lawsuit. I wish I had thought to jot down the results, since my sample size is now in statistically valid territory. That said, my recollections of the results are these:
- Only one of about 25 wanted to be an employee
- 2-3 did not know about the lawsuit at all
- The majority did it part time to fit their schedule , as one said to me last Sunday, "why watch a football game when I can earn some extra cash for 2 hours?"
- Most had other jobs including teacher, masseuss, contractors, programmers, hairdressers etc.
- A large minority also worked for the other driving services
My very unscientific conclusion then is that it is a very diverse driver pool. A key attribute of a class action lawsuit is that the participants in the class are largely similar. I don't know that this is the case. It is time for the independent contractor laws to be brought into the current century in a time when the gig economy of indepndent workers of all sorts is growing. Potentially these lawsuits facing Uber will help make that happen. .