Employment lawyer on first-step in protecting Uber drivers

A Uber class-action lawsuit has been certified by the Ontario Superior Court. The Uber class-action launched by Samfiru Tumarkin LLP argues that Uber drivers have been misclassified as independent contractors when they are in fact employees.

An Ottawa employment lawyer at Samfiru Tumarkin LLP spoke with the Lawyers Daily on the certification and what it could mean for Uber drivers and gig-economy workers.

“If the class action is successful, it would have a huge impact on employment law because it would be the first step in paving the way towards securing minimum employment protections and rights for gig economy workers who, up until now have been misclassified,” says the lawyer.

Will the class-action lawsuit impact how Uber operates in other provinces?

“If companies across the country see a successful decision wherein the court decides that these drivers are employees and have been employees for all these years, these companies may not wait until it’s their turn to go to court,” the lawyer explains.

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• Employees vs. Independent Contractors

“They may see that the writing’s on the wall and start complying with employment law,” she says.

Has COVID-19 affected gig-economy workers? What will this lawsuit mean for them?

The lawyer notes that the pandemic has pushed more employees into the gig economy. “Unlike 20 years ago where people had one job their whole lives, people are having multiple jobs either one after the other or at the same time. It’s fairly common these days for people to have more than one job. And so, I think that moving forward … the protections that these drivers need will become even more important as the economy continues to change,” the lawyer adds.