There seems to be a tiny bit of progress for Uber drivers seeking “employee” status along with reimbursement of vehicle expenses and back pay. While other cases have simply settled for large cash payments, one lawsuit that could cover multiple drivers is working its way through the federal court system in North Carolina, and a judge is letting the case go forward as a conditional action under the Fair Labor Standards Act. The ruling means that the case can go forward as a conditional action, adding any other interested plaintiffs to the case. The difference between a conditional action and a class action is that in a class action,
everyone who fits the requirements is part of the lawsuit unless they explicitly exclude themselves. In a conditional action, potential plaintiffs can choose to become part of the suit or not. For this case, Hood v. Uber, the potential class is smaller than just “everyone who has ever driven for Uber.” That’s because Uber began to make drivers waive their right to file a class action or other kinds of standard lawsuits. That means that only drivers who signed up early on or who waived the arbitration requirement but were allowed to drive anyway are eligible to take part in the lawsuit.