Employment Class Actions
Current class actions cases
Misclassified Uber Drivers
Brian Kabateck is co-lead counsel in an employment class action lawsuit involving the ride sharing giant, Uber. The case involves Uber drivers who contend they’ve been misclassified as independent contractors instead of employees and are suing the company for failing to pay overtime wages, minimum wages, reimbursement of expenses and engaging in additional labor code violations. Mr. Kabateck also represents the named plaintiff in another class action against Uber, Douglas O’Connor, who hired KBK to replace Boston attorney, Shannon Liss-Riordan, who negotiated an unfair settlement. That proposed settlement failed to adequately compensate Uber drivers for additional claims, and prevented all Uber drivers them from pursuing claims in the future. KBK vehemently objected to Shannon Liss-Riordan’s settlement on behalf of Douglas O’Connor and the class in the Del Rio case.
Misclassified Truck Drivers
California truckers have recently filed hundreds of lawsuits stemming from the misclassification of employees as “independent contractors”, which deprives these truckers of minimum wage, paid overtime, benefits, meals and rest breaks provided to employee drivers and crewmembers. 9th Circuit Court of Appeals recently ruled that independent contractors deserve the same pay and protections as employees, under California law, because they signed independent contractor agreements and are doing the same work and are under the same control of the company as employees. KBK represents hundreds of truck drivers who are suing various trucking companies who engage in driver misclassification.
Rich vs. Roadrunner Intermodal Services
This is a class action lawsuit for wage and labor violations involving a port trucking company that allegedly misclassified its truck drivers as contractors, thereby cheating them on wages. The lawsuit accuses Roadrunner of failing to pay its trucker drivers minimum wage, not paying for sick days, vacation, holidays, providing meals or rest breaks and refusing to reimburse business expenses. Nicholas E. Rich represented the class, which consists of dozens of truckers who work as independent contractors for Roadrunner. This lawsuit is one of several other trucker misclassification cases the firm is litigating that exposes the unfair labor practices that run rampant in the trucking industry.