Uber headquarters in San Francisco at the Chase Center (Photo Jason Doiy/ALM) Pennsylvania Backs Uber Drivers in Leadup to First-of-Its-Kind Worker Classification Trial
"While the drivers' federal law claims are governed by the economic realities test, the Pennsylvania Supreme Court has yet to endorse a specific test for the state law claims," Pietragallo Gordon Alfano Bosick & Raspanti partner Jeremy Abay.
February 08, 2024 at 05:00 PM
3 minute read
What You Need to Know
- A suit against Uber is scheduled to go to trial on the issue of whether three drivers were employees or independent contractors.
- The state of Pennsylvania has filed an amicus brief supporting plaintiffs' argument that state wage law is more employee friendly than federal law.
- The plaintiffs are asking for a separate jury instruction on state and federal wage law.
A rare trial in a worker misclassification suit against Uber is set to begin next month in Philadelphia federal court, and the questions that go before the jury could have significant implications for Pennsylvania's gig workers.
Plaintiffs in Razak v. Uber argue jurors considering whether or not drivers were independent contractors should be presented with an instruction recognizing that Pennsylvania law is friendlier toward employees than federal law when it comes to worker classification.
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