A federal judge has rejected Uber’s bid to halt a class action lawsuit over the company’s overtime pay practices, and ordered the parties to address whether Uber drivers are employees or independent contractors under the Fair Labor Standards Act.
U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s motion for partial summary judgment in Razak v. Uber Technologies on Wednesday, saying, at least at the summary judgment phase, he could not agree with Uber’s argument that time the drivers spend “online,” or available to accept rides, but not transporting riders, should not count as compensable time.
