Uber sued after for allegedly not properly paying drivers during “Winter Warmup” promotion

By Travis Zuellig | Jan 24, 2016

SAN FRANCISCO — An Uber driver has filed a class action lawsuit claiming she was not paid for a winter promotion offered by the corporation.

Uber driver Kimberly Berger, a citizen of Los Angeles County, filed a lawsuit on Jan. 5 in the Northern District of California District Court against Uber Technologies, Inc., and Rasier-CA, LLC for breach of contract, unfair business practices, detrimental reliance and breach of implied covenant of good faith and fair dealing.

According to the lawsuit, on or about Jan. 15, 2015, Uber began a “Winter Warmup” promotion for Uber Drivers for which Berger signed up and fulfilled all the requirements set forth by the promotional email sent to drivers. Uber allegedly breached the terms of the “Winter Warmup” program by failing to pay Berger as she was promised. Uber purportedly did not disclose whether the promotion's hourly rate would be based on a per pay period or on a weekly basis.

Berger is seeking general and special damages, permanent injunctive and declaratory relief and declaratory judgment, as well as attorney’s fees and costs of the suit. Hamner Law Offices, APC is representing Berger.

Northern District of California District Court 316-cv-00041-MEJ

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