Discovery Needed In Uber 'On Call' OT Fight, Judge Says

Law360, New York (December 15, 2016, 6:20 PM EST) -- A Pennsylvania federal judge on Thursday allowed a putative class action accusing Uber Technologies Inc. of violating the Fair Labor Standards Act to move forward, saying the issue of whether the company’s drivers are “working” when “on call” can only be resolved after discovery.

U.S. District Judge Michael Baylson noted that the suit, in which the drivers claim in part they did not receive minimum or overtime wages, raised questions about whether they were at work when logged into the company’s app.

“In the new ‘Uber world,’ digital technology and terminology are on the verge of capturing the English language. ‘On...

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