Uber Can't Get Partial Win In Drivers' 'On Call' Fight

Law360, San Francisco (September 13, 2017, 7:38 PM EDT) -- A Pennsylvania federal judge refused Wednesday to toss part of a putative class action accusing Uber Technologies Inc. of violating the Fair Labor Standards Act, reiterating his position in an earlier order that said the issue of whether drivers are working when "on call" can only be resolved after discovery.

U.S. District Judge Michael M. Baylson said he was reluctant to make any definitive legal rulings regarding compensability for time drivers spend online using Uber's app. The judge said this is "particularly true" since the issue may be inextricably intertwined with whether the drivers are employees or independent contractors, he said....

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