[DriverZer0]

Hi all,

Has anyone here had any experience w/ the CA Labor Commission? I'm not finding much online, except for the case of Barbara Berwick, who won in 2015. It looks like that case was appealed by Uber through the court system at the state level, and never went to trial (likely settled).

I posted years ago under this ID about my experience with the CA EDD, who declared me to be an employee of Uber, and awarded me significant unemployment benefits. Subsequently, I filed a complaint with the CA Labor Commission, and after my initial hearing, was told that it would take a year or so to get a legal opinion as to whether they would allow me to have a hearing. Recently I was told that I would be granted a hearing, and based off of information that I supplied, my claim against Uber is in the low-to-mid 5 figures.

Is anyone aware of any other cases, aside from Berwick, which have gone in front of the CA Labor Commission re: Uber?

Wish me luck.

 

[REX HAVOC]

Maybe this will help. Good luck.

https://www.dir.ca.gov/dlse/districtoffices.htm

 

[DriverZer0]

Maybe this will help. Good luck.

https://www.dir.ca.gov/dlse/districtoffices.htm

???????????? That's just a list of their locations.

 

[MarvinG]

Try speaking with folks at the Workers' Rights Clinic, they come well recommended. http://legalaidatwork.org/clinics-and-helplines/

Hi all,

Has anyone here had any experience w/ the CA Labor Commission? I'm not finding much online, except for the case of Barbara Berwick, who won in 2015. It looks like that case was appealed by Uber through the court system at the state level, and never went to trial (likely settled).

I posted years ago under this ID about my experience with the CA EDD, who declared me to be an employee of Uber, and awarded me significant unemployment benefits. Subsequently, I filed a complaint with the CA Labor Commission, and after my initial hearing, was told that it would take a year or so to get a legal opinion as to whether they would allow me to have a hearing. Recently I was told that I would be granted a hearing, and based off of information that I supplied, my claim against Uber is in the low-to-mid 5 figures.

Is anyone aware of any other cases, aside from Berwick, which have gone in front of the CA Labor Commission re: Uber?

Wish me luck.

 

[Gene555]

Hi all,

Has anyone here had any experience w/ the CA Labor Commission? I'm not finding much online, except for the case of Barbara Berwick, who won in 2015. It looks like that case was appealed by Uber through the court system at the state level, and never went to trial (likely settled).

I posted years ago under this ID about my experience with the CA EDD, who declared me to be an employee of Uber, and awarded me significant unemployment benefits. Subsequently, I filed a complaint with the CA Labor Commission, and after my initial hearing, was told that it would take a year or so to get a legal opinion as to whether they would allow me to have a hearing. Recently I was told that I would be granted a hearing, and based off of information that I supplied, my claim against Uber is in the low-to-mid 5 figures.

Is anyone aware of any other cases, aside from Berwick, which have gone in front of the CA Labor Commission re: Uber?

Wish me luck.

Hi there,
Can you please provide the address of labor commissioner office where you fild the case against UBER. Thanks in advance.

 

[Hillman77]

Hi all,

Has anyone here had any experience w/ the CA Labor Commission? I'm not finding much online, except for the case of Barbara Berwick, who won in 2015. It looks like that case was appealed by Uber through the court system at the state level, and never went to trial (likely settled).

I posted years ago under this ID about my experience with the CA EDD, who declared me to be an employee of Uber, and awarded me significant unemployment benefits. Subsequently, I filed a complaint with the CA Labor Commission, and after my initial hearing, was told that it would take a year or so to get a legal opinion as to whether they would allow me to have a hearing. Recently I was told that I would be granted a hearing, and based off of information that I supplied, my claim against Uber is in the low-to-mid 5 figures.

Is anyone aware of any other cases, aside from Berwick, which have gone in front of the CA Labor Commission re: Uber?

Wish me luck.

I'm definitely wishing you lots of luck my cyber friend. I hope you win your case and a lot of money. Tell them to hurry up, that there are lots of drivers who haven't filed any claim but are still waiting for them to settle this issue for once and for all.

 

[nash801]

Hi all,

Has anyone here had any experience w/ the CA Labor Commission? I'm not finding much online, except for the case of Barbara Berwick, who won in 2015. It looks like that case was appealed by Uber through the court system at the state level, and never went to trial (likely settled).

I posted years ago under this ID about my experience with the CA EDD, who declared me to be an employee of Uber, and awarded me significant unemployment benefits. Subsequently, I filed a complaint with the CA Labor Commission, and after my initial hearing, was told that it would take a year or so to get a legal opinion as to whether they would allow me to have a hearing. Recently I was told that I would be granted a hearing, and based off of information that I supplied, my claim against Uber is in the low-to-mid 5 figures.

Is anyone aware of any other cases, aside from Berwick, which have gone in front of the CA Labor Commission re: Uber?

Wish me luck.

I just filed mine last week too. Ive done lots of these. They are slam dunk. Wish dlse would just give all uber & lyft drivers settlement money without each having to file their own case

 

[Gene555]

I just filed mine last week too. Ive done lots of these. They are slam dunk. Wish dlse would just give all uber & lyft drivers settlement money without each having to file their own case

Hi there,
Can you please give me address where you fild the clame please.
Thanks

 

[nash801]

Look online at dlse website

Choose the office closest to where you worked or san Francisco if you live near there. Or call your local dlse office for info.

 

[vkandaharv]

Berwick was settled in superior court. The only other DLSE Uber case that resulted in an opinion I think was the Rashid case.

 

[nash801]

Berwick was settled in superior court. The only other DLSE Uber case that resulted in an opinion I think was the Rashid case.

That sucks. I read both pages in detail and driver got nothing but he was a limo driver before using uber

But luckily this case says we're employees

https://www.nytimes.com/2015/06/18/...ng-that-says-drivers-should-be-employees.html

And she got $4,152 costs reimbursement for 8 weeks of driving.
What was result of appeal? Settled out of court i believe

 

[nash801]

Update. Just found out can't win a dlse case if also drove for Lyft because then you will be considered independent contractor. so if you are just driving for Uber or just driving for Lyft go ahead and file the a dlse and don't drive for the other company.
not sure if the same thing would apply if you're also driving for Amazon flex or instacart or doordash etc but possibly.

 

[vkandaharv]

Update. Just found out can't win a dlse case if also drove for Lyft because then you will be considered independent contractor. so if you are just driving for Uber or just driving for Lyft go ahead and file the a dlse and don't drive for the other company.
not sure if the same thing would apply if you're also driving for Amazon flex or instacart or doordash etc but possibly.

Its a factor that weighs against employment status under the Borello test but I havent seem it as definitive. What makes you think this?

 

[nash801]

Well im out. Just read an article today that labor dept being told by trump administration that uber and lyft drivers are to be considered independent contractors. Obama administration said we are employees. Damn it.

https://reason.com/2019/04/30/labor-department-gig-workers-are-contractors-not-employees/

 

[vkandaharv]

Well im out. Just read an article today that labor dept being told by trump administration that uber and lyft drivers are to be considered independent contractors. Obama administration said we are employees. Damn it.

https://reason.com/2019/04/30/labor-department-gig-workers-are-contractors-not-employees/

The facts of the opinion letter recited something like task rabbit rather than Uber or lift. The applicable test for employment was the one used under the FLSA and California uses a different standard well multiple standards actually depending on the situation. ABC test the Borello test and then the more traditional Pre-Borello standard depending on the variety of factors. I would take that opinion letter with a grain of salt.

 

[DriverZer0]

Update. Just found out can't win a dlse case if also drove for Lyft because then you will be considered independent contractor. so if you are just driving for Uber or just driving for Lyft go ahead and file the a dlse and don't drive for the other company.
not sure if the same thing would apply if you're also driving for Amazon flex or instacart or doordash etc but possibly.

Not true.

 

[treesweets dancer]

based off of information that I supplied, my claim against Uber is in

What kind of information?

 

[nash801]

Hi all,

Has anyone here had any experience w/ the CA Labor Commission? I'm not finding much online, except for the case of Barbara Berwick, who won in 2015. It looks like that case was appealed by Uber through the court system at the state level, and never went to trial (likely settled).

I posted years ago under this ID about my experience with the CA EDD, who declared me to be an employee of Uber, and awarded me significant unemployment benefits. Subsequently, I filed a complaint with the CA Labor Commission, and after my initial hearing, was told that it would take a year or so to get a legal opinion as to whether they would allow me to have a hearing. Recently I was told that I would be granted a hearing, and based off of information that I supplied, my claim against Uber is in the low-to-mid 5 figures.

Is anyone aware of any other cases, aside from Berwick, which have gone in front of the CA Labor Commission re: Uber?

Wish me luck.

I tried to get EDD payments from uber when they wrongly deactivated me and told EDD your case # but of course edd ignoring me. how did you get edd to accept your case?

Hi there,
Can you please give me address where you fild the clame please.
Thanks

455 golden gate ave sf ca. but look on their website "google dlse wage claim and it will walk you through it. you file in city where you worked. (I mostly did rides in sf). or you can file where you live if more convenient. call dlse and they will help you determine which address. or walk into their office for this info or go to worker right clinic.

 

[nash801]

Division of Labor Standards Enforcement (DLSE)

www.dir.ca.gov