Houston Chronicle Sunday

Judge gives final approval to $27 million Lyft settlement

- By Samantha Masunaga

Ride-hailing company Lyft will pay $27 million to settle a class-action lawsuit brought by drivers who sought to be classified as employees, after a judge gave the agreement final approval this past week.

Though the settlement results in payment to drivers and some changes to Lyft’s terms of service for drivers, it does not decide the question of whether drivers are employees or independen­t contractor­s. ‘Another day’

That matter “will have to wait for another day,” plaintiff attorney Shannon Liss-Riordan said.

The settlement approved by U.S. District Judge Vince Chhabria in San Francisco covers drivers who worked for Lyft in California between May 25, 2012, and July 1, 2016. Drivers who have driven the most will receive the biggest payments.

A similar class action lawsuit brought by drivers against Lyft rival Uber Technologi­es is still ongoing.

About 95,000 Lyft drivers have already submitted claims to be part of the settlement, and new claims are still being accepted, she said.

As part of the settlement, Lyft agreed to give drivers warnings before they are deactivate­d on the app and allow them to take pay-related issues before a third-party arbitrator at Lyft’s expense. Are they employees?

The settlement helps Lyft by averting a costly trial and allowing the company to keep operating without having to classify its drivers as employees, which would qualify them for benefits.

The San Francisco company said in a statement that it was “pleased the court has taken the final step and approved the settlement agreement which will preserve the flexibilit­y of drivers to choose when, where and for how long they drive with Lyft.”

Last April, Chhabria rejected an initial settlement offer of $12.5 million, saying the amount “shortchang­ed” drivers. The current settlement agreement received preliminar­y approval last summer.

Though some have criticized the settlement amount as too little, LissRiorda­n said she thought it was an “excellent” settlement, especially for the pool of people who have driven the most miles for Lyft. The alternativ­e, she said, could have been more uncertain. Arbitratio­n question

Companies have increasing­ly tried to use arbitratio­n clauses to prevent class-action lawsuits, she said, and the U.S. Supreme Court is set to take up the issue next term. It is widely believed justices are split on the question, meaning the new ninth judge could cast the tie-breaking vote, she said.

“The question about whether or not the drivers are properly classified as employees or independen­t contractor­s … getting an answer to that question would take a very long time, (and) would not be assured because it would have gone to a jury that may or may not have agreed with us,” Liss-Riordan said.

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