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In addition to Uber's alleged wage violations, Dynamex contends that
In addition to Uber's alleged wage violations, Dynamex contends that Uber drivers are being deprived of their own due process rights. In a post on their Facebook page, Dynamex's "Lawsuit Against Uber: A Proposed State Law," they write:
"Since Uber is a private company, it cannot be subject to due process of law due to allegations of unlawful employment practices. Uber claims Uber drivers are underpaid and underpaid."
The suit also claims that Uber drivers have violated the California Labor Code, and the California Labor Code provides that drivers must "provide notice to their employer before hiring. They must pay for a work stoppage in the event that they find a ride or an unpaid trip will require them to take some time off work, without any notice, to meet or avoid an employer's request."
Despite Uber's claims that their drivers are entitled to the "right to work," the company seems to be in denial of them. In a post on its Facebook page, Uber said the "law of the land" does not permit it to hire drivers with wages above $8.75 per hour.
Additionally, in its post, Uber's lawyer, Scott DeGraaf, said that Uber drivers who are being discriminated against are not even entitled to due process under the California Labor Code.
"In light of Uber's recent settlement, Uber's settlement with Uber's California attorney general is not an 'accomplishment' of labor law," said Uber's lawyer Scott DeGraaf in a statement. "The court is still looking into some of the alleged discrimination Uber drivers face today and we are confident they will fight this case vigorously."
According to the California case , Uber has been accused of discriminating against workers who are entitled to due process. On April 9th, a group of California drivers sued Uber, claiming that they were being unfairly paid for their rides. According to the lawsuit, Uber drivers were paid $8.75 to perform all their rides, including rides to an Uber vehicle for a trip with "multiple passengers."
In addition to the alleged discrimination, the lawsuit also alleges drivers are being denied the right to use public transportation. Additionally, taxi drivers have been charged under the California Vehicle Code with a "serious violation of a person's safety" due to a lack of safety equipment.
According to the lawsuit, the drivers allege that Uber paid them $12 an hour, but the law said that Uber's drivers were paid less than $10 per hour.
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