Class of Drivers Say|Uber Tricked Them

SAN FRANCISCO (CN) - Uber has not paid drivers as it promised in its "Winter Warmup promotion," drivers claim in a federal class action.

Lead plaintiff Kimberly Berger accuses Uber of breach of contract, unfair competition and breach of faith in the Jan. 5 class action.

She says Uber sent drivers a promotional email on Jan. 15, 2015, promising "round-the-clock UberX partner fare guarantees" and lower prices for riders, "to increase demand and your trips."

Uber guaranteed its drivers rates of $26 during peak hours and $20 during regular hours, and the only requirements were that they accept 90 percent of trips, average at least one trip per hour and be online for 50 minutes of every hour worked, Berger says in the complaint.

Berger says Uber did not pay its drivers as promised, nor did it provide a clear expectation of how the guarantee worked.

Based on the promotional email, she says, drivers were led to believe that as long as they followed the requirements, they would be guaranteed the advertised rates.

But "Uber did not disclose that the hourly guarantee would be calculated based on a weekly, or per pay period, gross average all hours worked by Uber drivers, and not on an hourly basis as promised in the Uber 'Winter Warmup' guarantee promotion," Berger says in the complaint.

Since the hourly guarantee reflected an average gross hourly rate before Uber fees were subtracted, she said, drivers were paid hourly rates up to 40 percent less than advertised.

She seeks class certification, an injunction, damages, waiting time penalties, and costs and fees.

Her attorney, Christopher Hamner, of Los Angeles, did not immediately respond to an email requesting comment on Thursday afternoon.

Uber declined to comment.

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