Why Uber Drivers' On-Call Waiting Time May Be Compensable
By Thomas Dickerson ( October 12, 2017, 11:35 AM EDT) -- While professing a reluctance to define the parameters of the new gig economy ("A judge must tread carefully before establishing any broad rules relating to a highly successful and popular new technology like Uber, which has drastically changed the transportation landscape (and) threatened the value and existence of taxicabs"), federal Judge Michael M. Baylson of the Eastern District of Pennsylvania recently ruled in Razak v. Uber Technologies Inc., Civil Action No. 16-573 (E.D. Pa. Sept. 13, 2017) that because Uber drivers "have only 15 seconds to respond to a given trip request," they are, in effect, "tethered to their phones while online," and that such "on-call" time may be compensable under the Fair Labor Standards Act's minimum wage and overtime requirements....
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