Author: Wayne

Uber’s New Complaint Against Unite Here and the NYCTWA

Uber’s New Complaint Against Unite Here and the NYCTWA

Uber called its recent union deal ‘historic.’ A new complaint alleges it was actually against the law. A new complaint says the company is using a loophole to cover up the unlawful activity it allegedly engaged in.

Uber’s sudden burst into the legal world comes as a result of its battle with Unite Here and the New York Taxi Workers Alliance (NYCTWA). Unite Here began its suit against Uber in October 2015, shortly after the company had received an offer from California Governor Jerry Brown and the California Public Utilities Commission (PUC) to halt its operation in the state.

The suit was dismissed in 2016 by US District Judge William Alsup, but it was re-filed in early 2018 based on a provision in Uber’s rider rating system that makes the company liable for the actions of its drivers, passengers, and contractors. The suit also claimed that the company had failed to negotiate new policies with its employees, who were left to unionize.

The new complaint, filed by the National Employment Law Project (NELP) on behalf of the NYCTWA and Unite Here, accuses Uber of violating state and federal labour laws by not bargaining its employee conditions of employment and refusing to disclose its riders who had their ratings increased.

NELP said in a press statement Tuesday that “the new complaint is the first formal action filed by NELP and the NYCTWA – an action that Uber did not seem to consider necessary to resolve the dispute.”

“The company appears to be trying to hide this controversy from regulators and employees,” said NELP General Counsel Larry Heller. “The company’s claim that the NELP complaints are baseless is belied by the fact that its previous motion for dismissal of the suit was denied.”

The law firm representing Unite Here also filed a breach of contract claim against Uber. The agreement, which is

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