If Uber gets its way, the class-action lawsuit it faces in San Francisco over worker classification could become a run-of-the-mill lawsuit with only three plaintiffs. The on-demand transportation company filed Thursday what is known as an “opposition to motion for class certification,” arguing that the lawsuit should not proceed as a class action.
Uber’s reasoning: Plaintiffs Thomas Colopy, Matthew Manahan and Elie Gurfinkel, all former Uber drivers, are not representative of all, or even most, Uber drivers.
Regardless of whether Uber succeeds, an Uber spokesperson confirmed that the lawsuit will proceed. But Uber, like most companies, will do what it can to avoid a class-action lawsuit. Losing a class action can be a lot more expensive than losing a suit against individuals. Any court orders could also apply to entire class, not just a few drivers. The plaintiffs are claiming to represent a class of 160,000 drivers.
At the heart of the suit is whether Uber drivers should be considered employees or independent contractors. If the courts say they are employees, it would substantially increase Uber’s costs of doing business and restrict the company’s approach to managing its drivers. On the other hand, Uber drivers would gain more rights and benefits.