***Update: On Tuesday January 5, 2021, we filed a Motion asking the Federal Court to require the Department of Labor stop delaying back payments! Read our motion: Motion for Compliance ***

About the case: On May 25, 2020, NYTWA and four of our Uber/Lyft members sued Governor Cuomo and the New York Department of Labor (DOL) in federal court for not treating app-based drivers as employees, and, as a result, paying them a lower benefit rate and delaying their applications and payments. Click here to read our complaint.

On July 28th, Federal Judge LaShann DeArcy Hall gave a first ruling in our favor. The judge ordered the Dept. of Labor to pay app-based drivers the full employee rate of UI benefits, instead of the lower rate for self-employed workers that many app drivers were getting. Click here to read the judge’s order.

Why It Matters: This victory has not come easily. We fought from 2016-2018 to win employee status for App drivers under Unemployment Law, and then have been campaigning since before the quarantine in March 2020 to have the companies cooperate with the law by turning over drivers’ earnings data and to have the Dept. of Labor follow its own law. We’ve had to sue Governor Andrew Cuomo two times in federal court. Uber and Lyft never felt they had to follow the law and neither did the Department of Labor.

What Happened So Far: We won the first part of this case. The judge ordered the DOL to pay app-based drivers the full employee rate of UI benefits and issue back pay to all drivers who eligible for the higher rate. Now we are fighting to makes these changes permanent so that App Drivers are treated like every other worker.

Media Coverage: There is extensive media coverage of our case, including CNN; The New York Times and Business Insider.

Case Name: Islam et al v. Cuomo et al, Docket No. 1:20-cv-02328 (E.D.N.Y. May 25, 2020)

About the case: Uber has filed a lawsuit against the City of New York to eliminate the cap on for-hire vehicle. NYTWA intervene on the lawsuit on behalf of our members. The cap has been lifesaving for all New York City drivers, regardless of which sector they are working in. We will continue to fight to ensure that the cap stays in place. The more cars there are, the fewer fares every App driver gets -- and the less reason App companies have to stop deactivations or to guarantee job security to their drivers.

Why It Matters: NYTWA members organized more than 25 actions since November 2017, including 12 demonstrations between February 2018 up to the August 8th calling on the City Council to pass legislation that regulates app companies like Uber and Lyft. On August 14th, 2018, Mayor de Blasio signed this landmark legislation into law. Among other things, the law put a cap on the number of for-hire vehicles licenses. No driver wins under the Uber/Lyft business model of flooding our streets with an infinite number of idling cars.

What Happened So Far: NYTWA and the City of New York successfully defended the cap at the initial stage of the lawsuit. Click here to read the judge’s opinion. Now Uber is appealing the judge’s ruling. NYTWA will, once again, continue to defend the cap in court.

Media Coverage: read more about the Vehicle Cap lawsuit in the Washington Post and Reuters

Case Name: Zehn-NY LLC v. City of New York, 2019 NY Slip Op 33251(U) (N.Y. Sup. Ct., Oct. 28, 2019)

About the case: From 2012 until 2017, Uber and Lyft were taking the cost of the New York State sales tax and Black Car Fund surcharge out of the income of drivers, instead of passing it on to the passenger like they were supposed to. The companies even took a commission off the tax and surcharge for themselves.

Why It Matters: App drivers work long hours for little pay. We cannot allow app companies to illegally keep a penny of what drivers earn. This lawsuit will ensure that app companies are held accountable and that drivers get justice.

What Happened So Far: After our first lawsuit, Uber paid drivers back for the commission to some drivers. But the other money remains. Thousands of drivers could not sue in court because of a forced arbitration clause in Uber’s contract with driver. However, after a recent Supreme Court ruling, which suggests that app drivers may be exempt from arbitration, the Union again filed a new case in federal court. We are asking the court to require Uber to pay back all drivers the money that was illegally taken from drivers paychecks. We are waiting for a ruling from the judge.

Media Coverage: Read more about Uber and Lyft’s practice of systematic wage theft in the New York Times.

Case Name: Aleksanian et al v. Uber Technologies Inc. et al, Docket No. 1:19-cv-10308 (S.D.N.Y. Nov 06, 2019)

About the case: The Union, on behalf of our members, filed a lawsuit against Lyft for unlawfully deducting money from drivers earning. We are asking the court to force Lyft to return all of the money that the company illegally deducted from drivers from November 2014 to August 2017. Click here to read our complaint.

Why It Matters: App drivers work long hours for little pay. We cannot allow app companies to illegally keep a penny of what drivers earn. This lawsuit will ensure that app companies are held accountable and that drivers get justice.

What Happened So Far: We have filed our complaint in federal court and submitted legal briefs making our case. We are waiting a ruling from the court.

Media Coverage: Read more about Lyft and Uber’s practice of systematic wage theft in the New York Times.

Case Name: Haider et al v. Lyft, Inc., Docket No. 1:20-cv-02997 (S.D.N.Y. Apr 13, 2020)

About the case: On April 13, 2020, the Union filed a lawsuit in federal court against Lyft for illegally “logging off” drivers from the Lyft Application. After the TLC passed the minimum wage rule, Uber and Lyft started logging off drivers from their app, which meant many drivers could not work for days at a time. Both Lyft and Uber began implement a schedule system for when drivers can work. These “log offs” violate the contracts that drivers have signed with these companies. After conducting our investigations, on April 13, 2020, the Union filed a lawsuit against Lyft. We ask the judge to find that Lyft has violated its contract with drivers and requested damages for all those impacted. Click here to read our complaint.

Why It Matters: NYTWA members organized more than 25 actions since November 2017, including 12 demonstrations between February 2018 up to the August 8th calling on the City Council to pass legislation that regulates app companies like Uber and Lyft. One of the things we accomplished through our organizing was a minimum wage payment for drivers. Lyft sued the TLC to over turn the minimum wage rule but it lost in court. Click here to read the judge’s decision in that case.

Now, after losing that case, both Lyft and Uber are using the minimum wage rule as a reason for logging off drivers. We will not let these companies put their craze for money before the humanity of hardworking drivers.

What Happened So Far: We submitted our complaint and legal briefs to the court. We are waiting for a ruling from the judge.

Case Name: Islam v. Lyft, Inc., Docket No. 1:20-cv-03004 (S.D.N.Y. Apr 13, 2020)