Ontario Uber Drivers Launch Class-Action in Effort to be Considered Employees

According to a new report from Benefits Canada, Uber drivers have launched a class-action lawsuit against the ride-sharing company in Ontario. The lawsuit claims that the company has misclassified drivers as independent contractors, instead of treating them as employees.

The claim notes that the plaintiffs are asking for $200 million in damages, plus an additional $2,000 for legal fees. The drivers that filed the lawsuit are also asking to be reimbursed for any Canadian Pension Plan contributions that Uber should have made as their employer.

The lawsuit is representing all Uber drivers that have been working in Ontario since 2012. The plaintiffs are arguing that because Uber has so much control over the working environment, drivers should be considered as employees.

“In order to receive a livable wage, [chief plaintiff David] Heller was required to work 40-50 hours per week without receiving the minimum wage, contrary to his contractual terms,” the statement of claim alleges. It also points out drivers are “low-skilled employees under the direct control and supervision of the defendants” who rely on Uber to inform them of their employee status and pay eligibility.

They are claiming that Uber must follow the Ontario Employment Standards Act by paying them minimum wage and overtime, in addition to vacation and holiday pay.