Uber Drivers Won’t Get Second Go-Round

SAN FRANCISCO (CN) – Out-of-state Uber drivers will not be able to appeal a dismissal of their labor class action, a federal judge in San Francisco ruled.
     U.S. District Judge Edward Chen found in September that he was wrong to let out-of-state drivers pursue labor claims under California law.
     On Monday Chen denied those drivers’ motion to appeal his decision, saying they had not cited “substantial ground for difference of opinion” for their claim.
     “Plaintiffs have failed to articulate a logical reason why a choice-of-law provision should yield to an express geographical limitation in a statute and yet be able to overcome the strong presumption against extraterritorial application of California law that the state has adopted,” Chen wrote. “Further, plaintiffs have cited no authority that would support such a distinction.”
     California drivers sued Uber in 2013, accusing the taxi-service app-maker of falsely stating that gratuity is included in the fare, then failing to pass along the full share of tips to which the drivers claim they are entitled.
     The California plaintiffs, led by Douglas O’Connor and Thomas Colopy, sought to represent Uber drivers in all states but Massachusetts and Illinois, where similar claims were brought in 2012.

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