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Uber Canada Drivers Fund, Class Action Lawsuit Overview:
- Who: Uber Technologies.
- Why: Uber released details of its idea for a collaborative benefits fund that could be used to provide money for drivers in Canada to put towards benefits.
- Where: The proposed “Flexible Benefits Fund,” would go into effect across Canada — if drivers get onboard.
Uber Technologies has proposed a collaborative benefits fund pool as a way to try and appease its Canadian ride-hail and food delivery drivers in the wake of a recent ruling certifying a class action against the company.
Uber Canada proffered a “Flexible Benefits Fund” to drivers on its website Monday. The fund would be enabled by provincial governments and managed by participating rideshare and delivery app-based platform companies. In turn, the governments would provide data such as the hours and earnings of their drivers to determine the precise amount they’d need to contribute to cover their workers’ benefits to Uber Canada.
Drivers can put these funds towards health care, dental care, life insurance, educational expenses, and RRSP contributions, Uber Canada suggested.
“The research makes it clear that it’s never been more important to protect the flexibility of platform work, while providing additional benefits and protections to workers,” the company said.
Uber Canada Faces Certification in Class Action Alleging Labor Law Violations
The move comes days after Ontario’s Superior Court of Justice certified a $400 million class action lawsuit filed against Uber alleging it should treat its drivers as employees.
Plaintiff David Heller claims in the class action lawsuit that Uber should be providing its couriers in Canada with protections such as minimum wage and vacation pay since they qualify as employees under Ontario’s Employee Standards Act.
Uber said the new plan builds upon a labor model it has been promoting recently called Flexible Work+, which requires app-based gig employers to self-accrue funds to distribute to drivers.
Gig employees have resisted the Flexible Work+ model, claiming it allows companies like Uber Canada to continue treating them unfairly.
Do you believe Uber Canada’s Flexible Benefits Fund is an appropriate solution for drivers who say they are owed benefits? Let us know in the comments!
The plaintiff is represented by Lior Samfiru of Samfiru Tumarkin LLP.
The Uber Canada Driver Class Action Lawsuit is Uber Technologies Inc., et al. v. Heller, Case No. cv-17-567946-00CP, in the Ontario Superior Court of Justice.
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2 thoughts onUber Drivers in Canada Offered ‘Flexible Benefits Fund’ After Wining Class Action Certification
Can you help with restaurants who only pay 10.00 an hour yet we still must pay for gas and wear and tear and cell phone usage. Plus being timed on our deliveries?
Can same law group help us at door dash