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Wednesday, May 6, 2026

Driver claims Uber misclassified him and others as independent ... - HRD America

California court partly grants Uber’s motion to compel arbitration of PAGA claim

A complaint filed under the Private Attorneys General Act of 2004 (PAGA) alleged that Uber wrongly and wilfully classified employees as independent contractors, which led to violations of California Wage Order 9-2001 and other provisions of California’s Labor Code.

The plaintiff in the case of Gregg v. Uber Technologies, Inc. et al. wanted to become a driver for Uber Technologies, Inc. and RasierCA, LLC. He signed up to use Uber’s smartphone application, accepted the technology services agreement, and did not opt out of the agreement’s arbitration provision.

Read more: California court ruling preserves independent contractor model for Uber, Lyft, others

The arbitration provision required drivers to resolve through arbitration any disputes arising out of or related to their relationship with Uber and disputes about wage and hour laws, breaks, rest periods, compensation, and termination. The arbitration provision did not apply to a representative action brought on behalf of others under the PAGA, to the extent that a court deemed the waiver of such a claim unenforceable.

In August 2018, the plaintiff filed a PAGA complaint seeking civil penalties from Uber on behalf of himself and other current and former employees.

Uber filed a motion to compel arbitration based on the technology services agreement’s arbitration provision. Uber wanted to enforce the PAGA waiver by requiring the plaintiff to...



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