New opinion: Third Circuit revives drivers’ wages suit against Uber Black

Razak v. Uber Technologies—civil—reversal—Greenaway, Jr.

Drivers for Uber’s limo service, Uber Black, sued Uber for violating the minimum-wage and overtime requirements of federal and state labor law. The district court granted summary judgment in favor of Uber because it concluded as a matter of law that the drivers had failed to show they were employees rather than independent contractors. Today, the Third Circuit vacated and remanded, holding that material factual issues precluded summary judgment, including over whether Uber exercised control over drivers and whether drivers could earn more through managerial skill.

Joining Greenaway, Jr. were Smith and Porter. Arguing counsel were Ashley Keller of Chicago for the drivers and former Mansmann clerk Robert Pritchard of Littler Mendelson for Uber.