Cotter v. Lyft, Inc.
Filing
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COMPLAINT against Lyft, Inc. ( Filing fee $ 400, receipt number 0971-7970191.). Filed byPatrick Cotter. (Attachments: # 1 Civil Cover Sheet)(Carlson, Matthew) (Filed on 9/3/2013)
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Matthew D. Carlson (State Bar No. 273242)
Carlson Legal Services
100 Pine Street, Suite 1250
San Francisco, California 94111
Telephone: (415) 817-1470
Email: mcarlson@carlsonlegalservices.com
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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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PATRICK COTTER, on behalf of himself and all
others similarly situated,
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Plaintiff,
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v.
LYFT, INC., and DOES 1 through 10, inclusive,
Defendants.
Case No.:
COMPLAINT FOR: (1) VIOLATION
OF THE CALIFORNIA UNFAIR
COMPETITION (CAL. BUS. & PROF.
CODE § 17200, et seq.; (2) FAILURE
TO FURNISH ACCURATE WAGE
STATEMENTS (CAL. LAB. CODE §
226); (3) CONVERSION; AND (4)
REIMBURSEMENT (CAL. LAB.
CODE § 2802)
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CLASS ACTION
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COMPLAINT - 1
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Plaintiff Patrick Cotter (hereafter “Plaintiff”), by and through his attorney, brings this
action on behalf of himself and all others similarly situated against Defendants Lyft, Inc.
(hereafter “Lyft”) and Does 1-10 (hereafter “Doe Defendants”) (collectively, “Defendants”).
I. NATURE OF THE ACTION
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1.
Lyft is a San Francisco-based ride-sharing business. Through its “Lyft Platform” software
implemented in the Lyft mobile phone application, Lyft provides a means to enable a
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person who seeks transportation to a destination via automobile (“Rider(s)”) to be picked
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up by a nearby person who is willing to transport the Rider to his or her destinations via
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automobile (“Driver(s)”).
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2.
This is a national class action that challenges Lyft’s policy of misclassifying its Drivers
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as “independent contractors” unprotected by the California Labor Code. Because Drivers
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are in fact Lyft employees, this action also challenges Lyft’s policy of taking 20% of
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gratuity payments given by Riders to Lyft’s Drivers, an illegal practice under California
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Labor Code § 351, which prohibits an employer from taking any amount of gratuity
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given to an employee. This action also challenges Lyft’s practice of failing to provide its
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Drivers with wage statements that accurately reflect, for example, their hours worked or
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rates of pay in violation of California Labor Code § 226, as well as Lyft’s practice of
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failing to reimburse its Drivers for mileage costs in violation Cal. Lab. Code § 2802.
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3.
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Minnesota, Georgia, and the District of Columbia. It has plans to expand to New York
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and additional markets, including international markets, in the near future.
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Lyft has numerous Drivers in California, Washington, Illinois, Massachusetts, Indiana,
II. JURISDICTION
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This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(d) (the Class
Action Fairness Act of 2005 (“CAFA”)) because the amount in controversy exceeds the
value of $5 million, exclusive of interest and costs, because the class contains 100 or
COMPLAINT - 2
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more putative class members, and because at least one putative class member (i.e., a
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Driver in Chicago, Illionis) is diverse from Lyft, a corporation with its principal place of
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business in California.
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Plaintiff is informed and believes that the average gratuity payment made by a Rider to a
Lyft Driver is $15, and that a total of approximately 1.5 million rides have been provided
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by Lyft Drivers to date. Accordingly, potential class-wide liability for Lyft’s policy of
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taking 20% of gratuity payments given by Riders to Lyft Drivers is approximately $4.5
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million to date. Plaintiff is further informed and believes that Lyft’s failure to provide its
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thousands of Drivers with accurate wage statements may subject Lyft to liability of at
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least $2,000,000 to date. Additionally, Plaintiff is informed and believes that Lyft Drivers
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have collectively suffered substantial unreimbursed mileage costs incurred as a result of
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transporting Riders a total of approximately 4.5 million miles to date. Plaintiff will also
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be permitted to recover attorney’s fees if he is successful in this action.
III. VENUE
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This Court is the proper venue for this matter pursuant to 28 U.S.C. § 1391 because a
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substantial part of the events giving rise to Plaintiff’s claims and the claims of putative
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class members occurred in the Northern District of California. Specifically, Lyft took
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gratuities given by Riders to Plaintiff and putative class members at Lyft’s principal place
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of business in San Francisco, California. Lyft’s policies of failing to provide properly
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itemized wage statements and failing to reimburse Lyft Drivers for mileage costs were
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also implemented in San Francisco, California.
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IV. THE PARTIES
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Plaintiff Patrick Cotter is a citizen of California, domiciled in San Francisco. Plaintiff
provided services as a Lyft Driver starting in September, 2012. Plaintiff’s employment
with Lyft was terminated in January, 2013.
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COMPLAINT - 3
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of business in San Francisco, CA. Lyft’s accounting, human resources, and all other
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departments are located in its San Francisco, CA headquarters.
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Defendant Lyft, Inc. is a Delaware corporation with its headquarters and principal place
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Plaintiff does not know the true names and capacities, whether individual, partners, or
corporate, of Defendants Does 1-10, and for that reason sues Does 1-10 under fictitious
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names. Plaintiff is informed and believes that Does 1-10 are owners and/or parent
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companies of Lyft, Inc. Does 1-10 have a unity of interest and ownership with Lyft such
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that the separate personalities of Lyft and Does 1-10 did not and do not exist.
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Specifically, Does 1-10 substantially own Lyft and dominate the management of Lyft.
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Does 1-10 commingle their assets with the assets of Lyft, and divert assets from Lyft to
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themselves to avoid creditors. Lyft is undercapitalized and has no regular board meetings.
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Does 1-10 failed to maintain an arm’s length relationship with Lyft. If the acts of Lyft are
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treated as the acts of Lyft alone, an inequitable result will follow because Lyft may be
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unable to satisfy a judgment in favor of the putative classes.
V. FACTUAL ALLEGATIONS
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As described above, Lyft is a San Francisco-based ride-sharing business that uses its
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“Lyft Platform” software to “match” an individual who needs a ride (a Rider) with
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someone willing to provide a ride (a Driver).1
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Lyft’s business works as follows: The Lyft Platform is implemented in an application that
must be downloaded to an iPhone or Android-based cellular phone by all Drivers and any
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prospective Rider. If a prospective Rider is in need of a Driver, the Rider uses the
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application to request a ride from a Driver in the Rider’s geographical vicinity. All
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available Lyft Drivers in the vicinity are informed of the request via the Lyft application.
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Plaintiff is one of many Lyft Drivers throughout the United States, and accordingly the term “Driver” or “Drivers”
as used herein is a term intended to encompass all Lyft Drivers, including Plaintiff.
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Plaintiff is informed and believes that Lyft’s policies that underlie this action began in May, 2012. Given the
COMPLAINT - 4
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The first Lyft Driver to accept a request is then “matched” with the Rider, and proceeds
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to pick up the Rider and transport him or her to his or her destination.
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in the process of transporting another Rider at the time of a request.
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Lyft’s uniform TOS and all policies therein were drafted, created, implemented, and
carried out in the state of California.
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Lyft’s uniform TOS provides that the agreement is governed by the laws of the State of
California without regard to choice of law principles.
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Drivers and Riders were and are required to agree to the Lyft’s Terms of Services
(“TOS”) as a prerequisite to utilizing the Lyft Platform.
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Lyft prohibits its Drivers from transporting Riders more than 60 miles from the origin of
the ride.
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Drivers can receive requests whenever they indicate via the Lyft application that they are
available to provide rides.
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Lyft expects its Drivers to accept all incoming requests from Riders unless the Driver is
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Lyft’s compensation structure for its Plaintiff and all Drivers is set forth in Lyft’s uniform
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TOS. Pursuant to the uniform TOS, a Rider may give a gratuity payment to a Driver at
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the conclusion of the ride.
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sole discretion.
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any) of the gratuity payment.
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Drivers are prohibited from requesting compensation from Riders or from receiving any
compensation or consideration for providing a ride to Riders other than the amount (if
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The decision whether to pay a gratuity and the amount of the gratuity is in the Rider’s
If a Rider elects to pay a gratuity to a Driver, the full amount of the gratuity is charged to
the Rider’s authorized credit card immediately following completion of such election.
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The gratuity payment is then processed by a third party vendor, and Lyft subsequently
takes an “administrative fee” of twenty percent of the gratuity payment.
COMPLAINT - 5
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Lyft transfers the balance of the gratuity payment the Driver’s account.
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California Labor Code § 351 prohibits an employer from taking any portion of a gratuity
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given to its employee(s).
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employees protected by the California Labor Code, including California Labor Code §
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351.
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However, Lyft misclassifies its Drivers as “independent contractors” rather than
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In fact and pursuant to California law, all Lyft Drivers are properly considered employees
for the following reasons:
a. Pursuant to Lyft’s uniform business model, Drivers provide a service (i.e.,
transporting Riders) that benefits Lyft;
b. Pursuant to Lyft’s uniform TOS, Lyft retains the right to terminate Drivers
for any or no reason, without explanation, at any time;
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c. Pursuant to Lyft’s uniform TOS, Lyft retains the right to terminate Drivers
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if, in Lyft’s discretion, the Driver behaved in a way that could be regarded
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as inappropriate;
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d. Pursuant to Lyft’s uniform TOS, Lyft takes a 20% administrative fee from
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gratuities given to Drivers by Riders, regardless of the amount of the
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gratuity. Accordingly, Lyft has an incentive to control the means and
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manner of the Drivers’ service;
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e. Pursuant to Lyft’s uniform business model, Drivers do not engage in a
business distinct from Lyft’s business; rather, Drivers’ services are the
primary or sole source of income for Lyft;
f. Pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to possess
any skill above and beyond that necessary to obtain a normal driver’s
license;
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COMPLAINT - 6
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g. Pursuant to Lyft’s uniform business model, Drivers’ tenure with Lyft was
for an indefinite period of time;
h. Pursuant to Lyft’s uniform business model, Lyft provides Drivers with the
only instrumentality by which a Driver can perform services for Lyft,
namely Lyft’s software;
i. Pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to invest in
any equipment or materials required for his or her services; rather all
Drivers must already own or have the legal right to operate a vehicle in
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good operating condition before he or she can work as a Lyft Driver. All
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Drivers must also already be named on an insurance policy covering the
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Driver’s vehicle before he or she can work as a Lyft Driver;
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j. Pursuant to Lyft’s uniform policy, Drivers must place a large pink
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mustache provided by Lyft on the front of the Driver’s vehicle while the
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Driver is in the course of transporting a Rider;
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k. Pursuant to Lyft’s uniform TOS, Lyft prohibits Drivers from setting rates
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of pay for their services; rather, pursuant to Lyft’s uniform TOS, Lyft
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permits only payment in the form of gratuity;
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l. Pursuant to Lyft’s uniform TOS, Lyft requires its Drivers to consent to
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receiving email communications and text messages from Lyft, which
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include message notification emails, emails or text messages informing
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Drivers of potential available Riders, and emails or text messages
informing Drivers of Lyft’s promotions. Drivers are required to pay for
receiving these text messages at the rate applied by the Driver’s mobile
phone service provider;
m. Pursuant to Lyft’s uniform policy, Drivers must undergo a two hour
training session during which:
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i. Drivers are told to greet Riders with a “fist pound;”
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ii. Drivers are told how to interact and converse with Riders;
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iii. Drivers are told they must obey all aspects of the California
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Vehicle Code;
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n. Pursuant to Lyft’s uniform policy, Drivers’ vehicles are evaluated for
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aesthetic purposes, including cleanliness, and Drivers’ vehicles must pass
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this appearance evaluation in order for Drivers to work for Lyft;
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o. Pursuant to Lyft’s uniform TOS, Lyft retains the right to shut down the
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Lyft Platform and the Lyft application, thereby retaining the right to
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prevent Drivers from picking up Riders;
p. Pursuant to Lyft’s uniform TOS, Lyft, at its sole discretion, may make
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available promotion offers to Riders without consulting with its Drivers;
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q. Pursuant to Lyft’s uniform policy, Drivers are not permitted to transport
Riders more than 60 miles; and
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r. Pursuant to Lyft’s uniform policy, Drivers are expected to accept all Rider
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requests unless the Driver is transporting another Rider.
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the gratuity given by Drivers to Riders as an “administrative fee.”
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Under California law, Lyft is not permitted to take any portion of the gratuity given by
Drivers to Riders (i.e., the “administrative fee”) because such voluntary payments are
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Despite the fact that Drivers are, in fact, Lyft employees, Lyft nevertheless takes 20% of
sole property of Lyft Drivers.
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Despite the fact that Drivers are, in fact, Lyft employees, Lyft nevertheless failed to
provide its Drivers with itemized wage statements showing the information required by
California Labor Code § 226.
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COMPLAINT - 8
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Despite the fact that Drivers are, in fact, Lyft employees, Lyft nevertheless failed to
reimburse its Drivers for the mileage costs they necessarily incurred because Lyft Drivers
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must used automobiles to transport Riders.
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VI. CLASS ACTION ALLEGATIONS
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Plaintiff’s Claims for Conversion and Pursuant to Cal. Bus. & Prof. Code § 17200, et seq.
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17200, et seq. are brought on behalf of himself and all others similarly situated pursuant
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to the class action mechanism set forth in Federal Rule of Civil Procedure 23.
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Plaintiff’s claim for conversion and his claim pursuant to Cal. Bus. & Prof. Code §
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This putative class is defined as:
“All individuals who worked or currently work as Lyft drivers.” 2
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Plaintiff hereafter refers to this putative class as the “Gratuity Class.”
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A.
ASCERTAINABILITY
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It is administratively feasible to determine the members of the Gratuity Class through
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Lyft’s records because Lyft maintains all Drivers’ personal information, including
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contact information.
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B.
NUMEROSITY
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Lyft previously announced that its Drivers provided transportation on 1,000,000 separate
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occasions. While Plaintiff is unaware of the exact number of Lyft Drivers, he is informed
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and believes that there are thousands of Drivers geographically dispersed throughout the
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United States. Given Lyft’s intent to reach new markets in the near future, including New
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York, and particularly given Lyft’s rapid expansion in the last several months, Plaintiff
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expects that the size of the Gratuity Class will increase significantly during this litigation.
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Plaintiff is informed and believes that Lyft’s policies that underlie this action began in May, 2012. Given the
statutes of limitations on Plaintiff’s claims for conversion (three years) and pursuant to Cal. Bus. & Prof. Code §
17200, et seq., (four years), no temporal limitation on the class definition is required.
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C.
COMMONALITY
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Members of the Gratuity Class share common issues of fact, including:
a. Whether, pursuant to Lyft’s uniform business model, Drivers provide a
service (i.e., transporting Riders) that benefits Lyft;
b. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to
terminate Drivers for any or no reason, without explanation, at any time;
c. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to
terminate Drivers if, in Lyft’s discretion, the Driver behaved in a way that
could be regarded as inappropriate;
d. Whether, pursuant to Lyft’s uniform business model, Drivers do not
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engage in a business distinct from Lyft’s business; rather, Drivers’
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services are the primary or sole source of income for Lyft;
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e. Whether, pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to
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possess any skill above and beyond that necessary to obtain a normal
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driver’s license;
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f. Whether, pursuant to Lyft’s uniform business model, Drivers’ tenures with
Lyft are for an indefinite period of time;
g. Whether, pursuant to Lyft’s uniform business model, Lyft provides
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Drivers with the only instrumentality by which a Driver can perform
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services for Lyft, namely Lyft’s software;
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h. Whether, pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to
invest in any equipment or materials required for his services; rather all
Drivers must already own or have the legal right to operate a vehicle in
good operating condition before he or she can work as a Lyft Driver.
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COMPLAINT - 10
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i. Whether, pursuant to Lyft’s uniform TOS, all Drivers must already be
named on an insurance policy covering the Driver’s vehicle before he or
she can work as a Lyft Driver;
j. Whether, pursuant to Lyft’s uniform policy, Drivers must place a large
pink mustache provided by Lyft on the front of the Driver’s vehicle while
the Driver is in the course of transporting a Rider;
k. Whether, pursuant to Lyft’s uniform TOS, Lyft prohibits Drivers from
setting rates of pay for their services;
l. Whether, pursuant to Lyft’s uniform TOS, Lyft permits only payment in
the form of gratuity;
m. Whether, pursuant to Lyft’s uniform TOS, Lyft requires its Drivers to
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consent to receiving email communications and text messages from Lyft,
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which include message notification emails, emails or text messages
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informing Drivers of potential available Riders, and emails or text
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messages informing Drivers of Lyft’s promotions;
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n. Whether, pursuant to Lyft’s uniform TOS, Drivers are required to pay for
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receiving these text messages at the rate applied by the Driver’s mobile
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phone service provider;
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o. Whether, pursuant to Lyft’s uniform policy, Drivers must undergo a two
hour training session during which:
i. Drivers are told to greet Riders with a “fist pound;”
ii. Drivers are told how to interact and converse with Riders;
iii. Drivers are told they must obey all aspects of the vehicle code;
p. Whether, pursuant to Lyft’s uniform policy, Drivers’ vehicles are
evaluated for aesthetic purposes, including cleanliness;
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COMPLAINT - 11
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q. Whether, pursuant to Lyft’s uniform policy, Drivers’ vehicles must pass
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this appearance evaluation in order for Drivers to work for Lyft;
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r. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to shut
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down the Lyft Platform and the Lyft application;
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s. Whether, pursuant to Lyft’s uniform TOS, Lyft, at its sole discretion, may
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make available promotion offers to Riders without consulting with its
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Drivers;
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t. Whether, pursuant to Lyft’s uniform TOS, Drivers are not permitted to
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transport Riders more than 60 miles;
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u. Whether, pursuant to Lyft’s uniform policy, Drivers are expected to accept
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all Rider requests unless the Driver is transporting another Rider; and
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v. Whether, pursuant to Lyft’s uniform TOS, Lyft takes a 20% administrative
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fee from gratuities given to Drivers by Riders, regardless of the amount of
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the gratuity.
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a. Whether members of the Gratuity Class were misclassified by Lyft as
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independent contractors under California law;
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b. Whether Lyft unlawfully took as “administrative fees” gratuities given to
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members of the Gratuity Class in violation of Cal. Lab. Code § 351; and
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c. Whether Lyft’s conduct in violating of Cal. Lab. Code § 351 is an
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unlawful business practice pursuant to Cal. Bus. & Prof. Code § 17200, et
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Members of the Gratuity Class share common issues of law, including:
seq.
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The common issues of law can be answered with proof common to members of the
Gratuity Class, including:
a. Lyft’s TOS, to which Lyft and all Drivers must agree;
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COMPLAINT - 12
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b. Lyft’s policies and practices applicable to all Drivers, including policies
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that tend to show Drivers are in fact employees rather than independent
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contractors;
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c. Lyft’s policies or practices concerning its “administrative fee;” and
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d. All other facts common to the Gratuity Class alleged above.
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D.
TYPICALITY
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Plaintiff’s claims are typical of the claims of all members of the Gratuity Class. First,
Plaintiff, like all members of the Gratuity Class, was misclassified by Lyft as an
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independent contractor.
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Second, Plaintiff, like all members of the Gratuity Class, was harmed by Lyft’s policy of
taking an “administrative fee” from gratuities given by Riders to Drivers.
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E.
ADEQUACY
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Plaintiff is a member of the Gratuity Class and will fairly and adequately represent and
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protect the interests of the members of the Gratuity Class. Plaintiff has no conflicts of
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interests with members of the Gratuity Class.
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Counsel for Plaintiff is competent and experienced in litigating employment-based class
actions, including actions based on alleged misclassification.
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F.
PREDOMINANCE
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Common questions of law and fact predominate over individual issues in this action for
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several reasons. First, the issue of misclassification can be resolved with proof of Lyft
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policies applicable to all Drivers in the Gratuity Class, including but not limited to the
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Lyft’s uniform TOS. Second, the issue of Lyft’s liability under Cal. Lab. Code § 351 can
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be established as to all members of the Gratuity Class with proof that Lyft takes an
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“administrative fee” from every gratuity given by a Rider to a Driver.
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Additionally, Lyft, and all Drivers throughout the United States, have agreed to be
subject to California law for all disputes relating to Lyft’s TOS, including its
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compensation policy and therefore the instant dispute. Regardless of the choice of law
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provision in the TOS, California law, including Cal. Bus. & Prof. Code § 17200, et seq.
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and applicable misclassification law, applies to Drivers in California and all other states
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because Lyft’s unlawful conduct took place and continues to take place in California.
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G.
SUPERIORITY
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A class action is superior to all other available methods for the fair and efficient
adjudication of this controversy. First, because of the relatively small monetary value of
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the claims asserted by members of the Gratuity Class, most if not all members of the
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Gratuity Class would likely find the cost of individually litigating their claims against
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Lyft to be prohibitive. Additionally, many members of the Gratuity Class may be
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unaware that they have legal recourse against Lyft for the conduct alleged herein.
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in state or federal court.
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Third, it is desirable to concentrate this litigation in this forum because Lyft’s misconduct
took place and continues to take place in San Francisco.
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Second, Plaintiff is informed and believes that there is no other similar litigation pending
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Fourth, Plaintiff does not anticipate any difficulties in managing a relatively straightforward class action such as this one.
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VII. CLASS ACTION ALLEGATIONS
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Plaintiff’s Claim Pursuant to Cal. Lab. Code § 226
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brought on behalf of himself and all others similarly situated pursuant to the class action
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Plaintiff’s claim for inaccurate wage statements pursuant to Cal. Lab. Code § 226 is
mechanism set forth in Federal Rule of Civil Procedure 23.
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This putative class is defined as:
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COMPLAINT - 14
“All individuals who worked or currently work as Lyft drivers from January 1,
2013, through the present.” 3
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Plaintiff hereafter refers to this putative class as the “Wage Statement Class.”
A.
ASCERTAINABILITY
52.
It is administratively feasible to determine the members of the Wage Statement Class
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through Lyft’s records because Lyft maintains all Drivers’ personal information,
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including contact information.
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B.
NUMEROSITY
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53.
Lyft previously announced that its Drivers provided transportation on 1,000,000 separate
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occasions. While Plaintiff is unaware of the exact number of Lyft Drivers, he is informed
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and believes that there are thousands of Drivers geographically dispersed throughout the
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United States. Given Lyft’s intent to reach new markets in the near future, including New
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York, and particularly given Lyft’s rapid expansion in the last several months, Plaintiff
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expects that the size of the Gratuity Class will increase significantly during this litigation.
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C.
COMMONALITY
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54.
Members of the Wage Statement Class share common issues of fact, including:
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a. Whether, pursuant to Lyft’s uniform business model, Drivers provide a
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service (i.e., transporting Riders) that benefits Lyft;
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b. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to
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terminate Drivers for any or no reason, without explanation, at any time;
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c. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to
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terminate Drivers if, in Lyft’s discretion, the Driver behaved in a way that
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could be regarded as inappropriate;
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The temporal limitation on this class is based on the January 1, 2013 amendment of Cal. Lab. Code § 226 to state
“An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage
statement.”
COMPLAINT - 15
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d. Whether, pursuant to Lyft’s uniform TOS, Lyft takes a 20% administrative
fee from gratuities given to Drivers by Riders, regardless of the amount of
the gratuity;
e. Whether, pursuant to Lyft’s uniform business model, Drivers do not
engage in a business distinct from Lyft’s business; rather, Drivers’
services are the primary or sole source of income for Lyft;
f. Whether, pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to
possess any skill above and beyond that necessary to obtain a normal
driver’s license;
g. Whether, pursuant to Lyft’s uniform business model, Drivers’ tenures with
Lyft are for an indefinite period of time;
h. Whether, pursuant to Lyft’s uniform business model, Lyft provides
14
Drivers with the only instrumentality by which a Driver can perform
15
services for Lyft, namely Lyft’s software;
16
i. Whether, pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to
17
invest in any equipment or materials required for his services; rather all
18
Drivers must already own or have the legal right to operate a vehicle in
19
good operating condition before he or she can work as a Lyft Driver.
20
21
22
23
24
25
26
27
28
j. Whether, pursuant to Lyft’s uniform TOS, all Drivers must already be
named on an insurance policy covering the Driver’s vehicle before he or
she can work as a Lyft Driver;
k. Whether, pursuant to Lyft’s uniform policy, Drivers must place a large
pink mustache provided by Lyft on the front of the Driver’s vehicle while
the Driver is in the course of transporting a Rider;
l. Whether, pursuant to Lyft’s uniform TOS, Lyft prohibits Drivers from
setting rates of pay for their services;
COMPLAINT - 16
1
2
3
4
5
6
7
8
9
m. Whether, pursuant to Lyft’s uniform TOS, Lyft permits only payment in
the form of gratuity;
n. Whether, pursuant to Lyft’s uniform TOS, Lyft requires its Drivers to
consent to receiving email communications and text messages from Lyft,
which include message notification emails, emails or text messages
informing Drivers of potential available Riders, and emails or text
messages informing Drivers of Lyft’s promotions;
o. Whether, pursuant to Lyft’s uniform TOS, Drivers are required to pay for
10
receiving these text messages at the rate applied by the Driver’s mobile
11
phone service provider;
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
p. Whether, pursuant to Lyft’s uniform policy, Drivers must undergo a two
hour training session during which:
i. Drivers are told to greet Riders with a “fist pound;”
ii. Drivers are told how to interact and converse with Riders;
iii. Drivers are told they must obey all aspects of the vehicle code;
q. Whether, pursuant to Lyft’s uniform policy, Drivers’ vehicles are
evaluated for aesthetic purposes, including cleanliness;
r. Whether, pursuant to Lyft’s uniform policy, Drivers’ vehicles must pass
this appearance evaluation in order for Drivers to work for Lyft;
s. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to shut
down the Lyft Platform and the Lyft application;
t. Whether, pursuant to Lyft’s uniform TOS, Lyft, at its sole discretion, may
make available promotion offers to Riders without consulting with its
Drivers;
u. Whether, pursuant to Lyft’s uniform TOS, Drivers are not permitted to
transport Riders more than 60 miles;
COMPLAINT - 17
1
v. Whether, pursuant to Lyft’s uniform policy, Drivers are expected to accept
2
all Rider requests unless the Driver is transporting another Rider; and
3
w. Whether, pursuant to Lyft’s business model, Drivers were not and are not
4
provided with wage statements that comply with Cal. Lab. Code § 226.
5
6
55.
Members of the Wage Statement Class share common issues of law, including:
a. Whether members of the Wage Statement Class were misclassified by
7
Lyft as independent contractors under California law; and
8
b. Whether Lyft unlawfully failed to provide members of the Wage
9
10
Statement Class with wage statements that comply with Cal. Lab. Code §
11
226.
12
56.
The common issues of law can be answered with proof common to members of the Wage
Statement Class, including:
13
14
a. Lyft’s TOS, to which Lyft and all Drivers must agree;
15
b. Lyft’s policies and practices applicable to all Drivers, including policies
16
that tend to show Drivers are in fact employees rather than independent
17
contractors;
18
c. Lyft’s policies or practices (or lack thereof) concerning wage statements
19
for its Drivers; and
20
21
22
d. All other facts common to the Wage Statement Class alleged above.
D.
TYPICALITY
57.
Plaintiff’s claims are typical of the claims of all members of the Wage Statement Class.
23
First, Plaintiff, like all members of the Wage Statement Class, was misclassified by Lyft
24
25
as an independent contractor.
58.
26
27
28
Second, Plaintiff, like all members of the Wage Statement Class, never received a wage
statement that complied with Cal. Lab. Code § 226.
//
COMPLAINT - 18
1
2
E.
ADEQUACY
59.
Plaintiff is a member of the Wage Statement Class and will fairly and adequately
3
represent and protect the interests of the members of the Wage Statement Class. Plaintiff
4
has no conflicts of interests with members of the Wage Statement Class.
5
6
60.
actions, including actions based on alleged misclassification.
7
8
9
Counsel for Plaintiff is competent and experienced in litigating employment-based class
F.
PREDOMINANCE
61.
Common questions of law and fact predominate over individual issues in this action for
10
several reasons. First, the issue of misclassification can be resolved with proof of Lyft
11
policies applicable to all Drivers, including but not limited to the Lyft TOS. Second, the
12
issue of Lyft’s liability under Cal. Lab. Code § 226 can be established with proof that
13
Lyft never provided wage statements to its Drivers.
14
62.
Additionally, Lyft, and all Drivers throughout the United States, have agreed to be
15
subject to California law for all disputes relating to Lyft’s TOS, including its
16
compensation policy and therefore the instant dispute. Regardless of the choice of law
17
provision in the TOS, California law, including Cal. Lab. Code § 226, et seq. and
18
applicable misclassification law, applies to Drivers in California and all other states
19
because Lyft’s unlawful conduct took place and continues to take place in California.
20
G.
SUPERIORITY
21
63.
A class action is superior to all other available methods for the fair and efficient
22
23
24
25
26
adjudication of this controversy. First, because of the relatively small monetary value of
the claims asserted by members of the Wage Statement Class, most if not all members of
the Wage Statement Class would likely find the cost of individually litigating their claims
against Lyft to be prohibitive. Additionally, many members of the Wage Statement Class
may be unaware that they have legal recourse against Lyft for the conduct alleged herein.
27
28
COMPLAINT - 19
1
64.
2
3
4
in state or federal court.
65.
Third, it is desirable to concentrate this litigation in this forum because Lyft’s misconduct
took place and continues to take place in San Francisco.
5
6
Second, Plaintiff is informed and believes that there is no other similar litigation pending
66.
Fourth, Plaintiff does not anticipate any difficulties in managing a relatively straight
forward class action such as this one.
7
VIII. CLASS ACTION ALLEGATIONS
8
Plaintiff’s Claim for Reimbursement Pursuant to Cal. Lab. Code § 2802
9
10
67.
Plaintiff’s claim for reimbursement under Cal. Lab. Code § 2802 is brought on behalf of
11
himself and all others similarly situated pursuant to the class action mechanism set forth
12
in Federal Rule of Civil Procedure 23.
13
68.
This putative class is defined as:
“All individuals who worked or currently work as Lyft drivers.” 4
14
15
69.
Plaintiff hereafter refers to this putative class as the “Reimbursement Class.”
16
A.
ASCERTAINABILITY
17
70.
It is administratively feasible to determine the members of the Reimbursement Class
18
through Lyft’s records because Lyft maintains all Drivers’ personal information,
19
including contact information.
20
B.
NUMEROSITY
21
71.
Lyft previously announced that its Drivers provided transportation on 1,000,000 separate
22
occasions. While Plaintiff is unaware of the exact number of Lyft Drivers, he is informed
23
and believes that there are thousands of Drivers geographically dispersed throughout the
24
United States. Given Lyft’s intent to reach new markets in the near future, including New
25
26
27
28
4
Plaintiff is informed and believes that Lyft’s policies that underlie this action began in May, 2012. Given the
statutes of limitations on Plaintiff’s claims for reimbursement (three years), no temporal limitation on the class
definition is required.
COMPLAINT - 20
1
York, and particularly given Lyft’s rapid expansion in the last several months, Plaintiff
2
3
4
5
6
7
8
9
10
expects that the size of the Gratuity Class will increase significantly during this litigation.
C.
COMMONALITY
72.
Members of the Reimbursement Class share common issues of fact, including:
a. Whether, pursuant to Lyft’s uniform business model, Drivers provide a
service (i.e., transporting Riders) that benefits Lyft;
b. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to
terminate Drivers for any or no reason, without explanation, at any time;
c. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to
11
terminate Drivers if, in Lyft’s discretion, the Driver behaved in a way that
12
could be regarded as inappropriate;
13
d. Whether, pursuant to Lyft’s uniform TOS, Lyft takes a 20% administrative
14
fee from gratuities given to Drivers by Riders, regardless of the amount of
15
the gratuity;
16
e. Whether, pursuant to Lyft’s uniform business model, Drivers do not
17
engage in a business distinct from Lyft’s business; rather, Drivers’
18
services are the primary or sole source of income for Lyft;
19
f. Whether, pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to
20
possess any skill above and beyond that necessary to obtain a normal
21
driver’s license;
22
23
24
25
26
g. Whether, pursuant to Lyft’s uniform business model, Drivers’ tenures with
Lyft are for an indefinite period of time;
h. Whether, pursuant to Lyft’s uniform business model, Lyft provides
Drivers with the only instrumentality by which a Driver can perform
services for Lyft, namely Lyft’s software;
27
28
COMPLAINT - 21
1
2
3
4
5
6
7
8
9
i. Whether, pursuant to Lyft’s uniform TOS, Lyft does not require Drivers to
invest in any equipment or materials required for his services; rather all
Drivers must already own or have the legal right to operate a vehicle in
good operating condition before he or she can work as a Lyft Driver.
j. Whether, pursuant to Lyft’s uniform TOS, all Drivers must already be
named on an insurance policy covering the Driver’s vehicle before he or
she can work as a Lyft Driver;
k. Whether, pursuant to Lyft’s uniform policy, Drivers must place a large
10
pink mustache provided by Lyft on the front of the Driver’s vehicle while
11
the Driver is in the course of transporting a Rider;
12
13
14
15
16
l. Whether, pursuant to Lyft’s uniform TOS, Lyft prohibits Drivers from
setting rates of pay for their services;
m. Whether, pursuant to Lyft’s uniform TOS, Lyft permits only payment in
the form of gratuity;
n. Whether, pursuant to Lyft’s uniform TOS, Lyft requires its Drivers to
17
consent to receiving email communications and text messages from Lyft,
18
which include message notification emails, emails or text messages
19
informing Drivers of potential available Riders, and emails or text
20
messages informing Drivers of Lyft’s promotions;
21
22
23
24
25
26
27
28
o. Whether, pursuant to Lyft’s uniform TOS, Drivers are required to pay for
receiving these text messages at the rate applied by the Driver’s mobile
phone service provider;
p. Whether, pursuant to Lyft’s uniform policy, Drivers must undergo a two
hour training session during which:
i. Drivers are told to greet Riders with a “fist pound;”
ii. Drivers are told how to interact and converse with Riders;
COMPLAINT - 22
1
iii. Drivers are told they must obey all aspects of the vehicle code;
2
q. Whether, pursuant to Lyft’s uniform policy, Drivers’ vehicles are
3
evaluated for aesthetic purposes, including cleanliness;
4
r. Whether, pursuant to Lyft’s uniform policy, Drivers’ vehicles must pass
5
this appearance evaluation in order for Drivers to work for Lyft;
6
s. Whether, pursuant to Lyft’s uniform TOS, Lyft retains the right to shut
7
down the Lyft Platform and the Lyft application;
8
t. Whether, pursuant to Lyft’s uniform TOS, Lyft, at its sole discretion, may
9
10
make available promotion offers to Riders without consulting with its
11
Drivers;
u. Whether, pursuant to Lyft’s uniform TOS, Drivers are not permitted to
12
transport Riders more than 60 miles;
13
v. Whether, pursuant to Lyft’s uniform policy, Drivers are expected to accept
14
15
all Rider requests unless the Driver is transporting another Rider; and
16
w. Whether pursuant to Lyft’s uniform policy, Drivers are not reimbursed for
17
18
necessary and reasonable mileage costs.
73.
19
a. Whether members of the Gratuity Class were misclassified by Lyft as
20
independent contractors under California law;
21
b. Whether mileage costs incurred by Lyft Drivers are “necessary and
22
reasonable” business expenditures; and
23
c. Whether Lyft unlawfully failed to reimburse Drivers for mileage costs in
24
25
26
27
28
Members of the Reimbursement Class share common issues of law, including:
violation of Cal. Lab. Code § 2802.
74.
The common issues of law can be answered with proof common to members of the
Reimbursement Class, including:
a. Lyft’s TOS, to which Lyft and all Drivers must agree;
COMPLAINT - 23
1
b. Lyft’s policies and practices applicable to all Drivers, including policies
2
that tend to show Drivers are in fact employees rather than independent
3
contractors;
4
c. The common nature of all Drivers’ employment responsibilities (i.e.,
5
transporting Riders via automobile);
6
d. Lyft’s policies or practices concerning mileage reimbursement; and
7
e. All other facts common to the Gratuity Class alleged above.
8
9
10
D.
TYPICALITY
75.
Plaintiff’s claims are typical of the claims of all members of the Reimbursement Class.
11
First, Plaintiff, like all members of the Reimbursement Class, was misclassified by Lyft
12
as an independent contractor.
13
76.
Second, Plaintiff, like all members of the Reimbursement Class, was harmed by Lyft’s
policy of failing to pay Drivers for mileage costs.
14
15
E.
ADEQUACY
16
77.
Plaintiff is a member of the Reimbursement Class and will fairly and adequately
17
represent and protect the interests of the members of the Reimbursement Class. Plaintiff
18
has no conflicts of interests with members of the Reimbursement Class.
19
78.
20
21
22
23
24
25
26
Counsel for Plaintiff is competent and experienced in litigating employment-based class
actions, including actions based on alleged misclassification.
F.
PREDOMINANCE
79.
Common questions of law and fact predominate over individual issues in this action for
several reasons. First, the issue of misclassification can be resolved with proof of Lyft
policies applicable to all Drivers in the Gratuity Class, including but not limited to the
Lyft’s uniform TOS. Second, the issue of Lyft’s liability under Cal. Lab. Code § 2802
can be established as to all members of the Gratuity Class with proof that Lyft does not
27
28
COMPLAINT - 24
1
pay for mileage expenses incurred by any Lyft Drivers, and proof that all Drivers’
2
3
4
mileage costs are necessarily incurred as a direct result of their employment with Lyft.
80.
subject to California law for all disputes relating to Lyft’s TOS, including its
5
compensation policy and therefore the instant dispute. Regardless of the choice of law
6
provision in the TOS, California law, including Cal. Lab. Code § 2802 and applicable
7
misclassification law, applies to Drivers in California and all other states because Lyft’s
8
unlawful conduct took place and continues to take place in California.
9
10
Additionally, Lyft, and all Drivers throughout the United States, have agreed to be
81.
Further, Lyft has no policy in place that allowed or allows any Driver to request
reimbursement for mileage.
11
12
G.
SUPERIORITY
13
82.
A class action is superior to all other available methods for the fair and efficient
14
adjudication of this controversy. First, because of the relatively small monetary value of
15
the claims asserted by members of the Reimbursement Class, most if not all members of
16
the Reimbursement Class would likely find the cost of individually litigating their claims
17
against Lyft to be prohibitive. Additionally, many members of the Reimbursement Class
18
may be unaware that they have legal recourse against Lyft for the conduct alleged herein.
19
83.
20
21
in state or federal court.
84.
22
23
24
25
26
27
28
Second, Plaintiff is informed and believes that there is no other similar litigation pending
Third, it is desirable to concentrate this litigation in this forum because Lyft’s misconduct
took place and continues to take place in San Francisco.
85.
Fourth, Plaintiff does not anticipate any difficulties in managing a relatively straight
forward class action such as this one.
IX. FIRST CLAIM
Violation of Business & Professions Code § 17200, et seq.
Arising from Violation of Cal. Lab. Code § 351
COMPLAINT - 25
1
86.
2
incorporates by reference the allegations in the preceding paragraphs as if fully alleged
3
herein.
4
5
87.
88.
Lyft unlawfully collected, took, or received a portion of the gratuities paid, given, or left
by Riders to or for Drivers despite the fact that the full amount of the gratuities paid,
8
given, or left by Riders to or for Drivers was the sole property of the Drivers.
9
10
Pursuant to California law, Lyft was and/or is the employer of Plaintiff and members of
the Gratuity Class.
6
7
Plaintiff, on behalf of himself and members of the Gratuity Class, realleges and
89.
Lyft’s unlawful taking of gratuities constitutes an unlawful business practice prohibited
11
by California Business & Professions Code § 17200, et seq. and is independently
12
actionable under California Business & Professions Code § 17200, et seq.
13
90.
As a result of Lyft’s unlawful conduct, Plaintiff and members of the Gratuity Class
14
suffered economic losses in the amount of the administrative fees deducted from the
15
gratuities given to them by Riders and are entitled to restitution in that amount.
16
X. SECOND CLAIM
17
Violation of Cal. Lab. Code § 226
18
91.
Plaintiff, on behalf of himself and members of the Wage Statement Class, realleges and
19
incorporates by reference the allegations in the preceding paragraphs as if fully alleged
20
herein.
21
92.
22
the Wage Statement Class and purposefully misclassified Plaintiffs and members of the
23
24
25
26
Pursuant to California law, Lyft was and/or is the employer of Plaintiff and members of
Wage Statement Class as independent contractors.
93.
Lyft unlawfully failed to provide Plaintiff and members of the Wage Statement Class
with accurate itemized wage statements in writing showing gross wages earned, total
hours worked, deductions, net wages earned, pay period, the name of the employee and
27
28
COMPLAINT - 26
1
the last four digits of his or her social security number, the legal name of the employer,
2
3
4
and all applicable hourly rates.
94.
Lab. Code § 226 (as amended effective January 1, 2013) because they were not provided
5
with a complete and accurate wage statement.
6
7
95.
The injuries suffered by Plaintiff and members of the Wage Statement Class were as a
result of Lyft’s knowing and intentional failure to comply with Cal. Lab. Code § 226(a).
8
9
Plaintiff and members of the Wage Statement Class “suffered injury” as defined in Cal.
96.
Accordingly, Plaintiff and each member of the Wage Statement Class are entitled to
10
recover fifty dollars for the initial pay period in which a violation of § 226 occurred, and
11
one hundred dollars for each violation of § 226 in a subsequent pay period, not to exceed
12
a penalty of four thousand dollars per member of the Wage Statement Class.
13
XI. THIRD CLAIM
14
Conversion
15
97.
Plaintiff, on behalf of himself and members of the Gratuity Class, realleges and
16
incorporates by reference the allegations in the preceding paragraphs as if fully alleged
17
herein.
18
98.
19
20
the Gratuity Class.
99.
21
California Law. See Cal. Lab. Code § 351.
100.
24
27
28
Lyft wrongfully and illegally took from Plaintiff and members of the Gratuity Class a
portion of the gratuities given to Plaintiff and members of the Gratuity Class by Riders as
25
26
Plaintiff and members of the Gratuity Class had a right to possess the full amount of
gratuities given to them by Riders. Such gratuities are considered property under
22
23
Pursuant to California law, Lyft was and/or is the employer of Plaintiff and members of
an “administrative fee.”
101.
Plaintiff and members of the Gratuity Class suffered economic harm in the amount of the
“administrative fees” taken from the gratuities given to them by Riders.
COMPLAINT - 27
1
XII. FOURTH CLAIM
2
3
4
Violation of Cal. Lab. Code § 2802
102.
incorporates by reference the allegations in the preceding paragraphs as if fully alleged
5
herein.
6
7
103.
10
Pursuant to California law, Lyft was and/or is the employer of Plaintiff and members of
the Reimbursement Class.
8
9
Plaintiff, on behalf of himself and members of the Reimbursement Class, realleges and
104.
Plaintiff and members of the Reimbursement Class incurred mileage costs;
105.
Such mileage costs were incurred because Plaintiff and members of the Reimbursement
11
Class are Lyft Drivers and were therefore required to use their automobiles to transport
12
Riders;
13
106.
Reimbursement Class to perform their job duties as automobile Drivers for Lyft.
14
15
Such mileage costs were incurred necessarily in order for Plaintiff and members of the
107.
Accordingly, Plaintiff and each member of the Reimbursement Class are entitled to
16
reimbursement at the applicable IRS rate because Lyft had no specific agreement with its
17
Drivers concerning reimbursement for mileage costs.
18
19
PRAYER FOR RELIEF
108.
Plaintiff, on behalf of himself and the members of each putative class, prays for relief as
20
follows:
21
a.
Certification of this action as a class action as described above;
b.
Designation of Plaintiff as representative of the each putative class;
c.
Designation of Plaintiff’s Counsel as Class Counsel for each putative class;
d.
Restitution pursuant to Plaintiff’s claim under Cal. Bus. & Prof. Code § 17200, et
22
23
24
25
seq.;
26
27
28
COMPLAINT - 28
1
e.
2
Prof. Code § 17200, et seq., compensatory damages pursuant to Plaintiff’s
3
conversion claim;
4
5
6
7
8
f.
Penalties pursuant to Cal. Lab. Code § 226;
g.
Reimbursement pursuant to Cal. Lab. Code § 2802;
h.
Pre-judgment and post-judgment interest pursuant to Cal. Civ. Code § 3287;
i.
Attorneys’ fees as provided by Cal. Code. Civ. P. § 1021.5 and Cal. Lab. Code §
226, or as provided by the parties’ agreement, if any; and
9
10
11
In the alternative to restitution pursuant to Plaintiff’s claim under Cal. Bus. &
j.
Costs as provided by Cal. Code Civ. P. § 1021 or as provided by the parties’
agreement, if any.
12
13
Dated: September 3, 2013
Carlson Legal Services
14
15
16
By: ___/s/______________________
Matthew D. Carlson
Attorney for Plaintiff
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT - 29
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