California Drivers v. Uber:  Uber Denied Right to Immediately Appeal Class Action Ruling

In the California lawsuit filed by Uber drivers against Uber, captioned Douglas O’Connor, et al v. Uber Technologies Inc., pending in the U.S. District Court for the Northern District of California, Case No. 13-3826, the drivers contend that they are employees of Uber and, thus, are entitled to reimbursement of expenses, including gas and automobile maintenance.  In addition, they seek payment from Uber of tips that were kept by Uber and not passed on to the drivers.  Earlier this year, Judge Edward Chen of the 9th Circuit Court of Appeals in San Francisco, ruled that California Uber drivers could sue as a class regarding the issue of whether they are employees or independent contractors.   Uber appealed the class ruling to the U.S. Court of Appeals.  On November 17, 2015, the U.S. Court of Appeals denied Uber the right to immediately appeal, requiring Uber to wait to appeal this issue until the case is concluded before Judge Chen.  Judge Chen has scheduled the case for a jury trial in June 2016.