Merrimack Valley Man Sues Uber, Says He's An Employee

HAVERHILL, MA — An Uber driver from Haverhill filed a lawsuit in federal court against Uber Thursday, saying he should be paid the state minimum wage and overtime. John Capriole's lawsuit has the potential to shake the ride-sharing giant's business model, which classifies drivers as independent contractors who are exempt from state and federal rules for minimum wage and overtime pay rules. In his complaint, Capriole said Uber's conditions for its drivers make him an employee under Massachusetts law.

A spokesperson for Uber was not immediately available for comment Friday. Patch will update this story when we hear back from the company.

Capriole is seeking class action status for his lawsuit. He started driving for Uber in 2016. Since then, according to his complaint, there have been several weeks when he has worked more than 40 hours in a week without being paid overtime. There have also been times when he has made less than the Massachusetts minimum wage of $12 per hour.

Capriole wants Uber to pay him and other drivers as if they were employees. He also wants drivers to be reimbursed for expenses for driving to and from pickups.

"Ordering Uber to comply with Massachusetts law is in the public interest because Uber’s violation of the law diminishes labor standards more generally in the Massachusetts economy and particularly in the transportation industry. Complying competitors are put at a disadvantage when companies such as Uber flout the law by misclassifying their employees as independent contractors," the complaint said. "Public funds are also impacted by these violations because the state incurs costs in supporting and providing services to employees who are not properly paid and do not even receive minimum wage."

Shannon Liss-Riordan of Boston, who is running against Ed Markey for Senate in the 2020 election, represents Capriole. She has previously filed lawsuits against Uber and other companies operating in the "gig economy" challenging the classification of workers as independent contractors.