The Mercury News

Judge OKs Lyft deal

Proposed $27M settlement improves earlier offer; drivers still independen­t contractor­s

- By Marisa Kendall mkendall@bayareanew­sgroup.com

Lyft can go ahead with a deal that allows it to avoid trial over its drivers’ status as independen­t contractor­s, a federal judge in San Francisco has ruled.

Sparing Lyft from overhaulin­g its entire business model, the judge greenlight­ed a $27 million deal that doesn’t require the ride-hailing app to give its drivers employee benefits. The order moves the deal one step closer to final approval.

The ruling Thursday comes more than two months after U.S. District Judge Vince Chhabria rejected Lyft’s initial proposed settlement of $12.25 million, saying the amount was too low. The new deal, more than double the previous amount, is more fair to drivers, Chhabria found.

“The new proposed settlement agreement fixes the monetary flaws the court previously

identified and enhances the non-monetary benefits at least to some degree,” he wrote.

Lyft praised the order in an emailed statement.

“We are pleased the court has granted preliminar­y approval of the settlement, which maintains the classifica­tion of drivers as independen­t contractor­s and brings us one step closer to a final resolution,” a company representa­tive wrote. “This settlement will preserve the flexibilit­y of drivers to choose when, where and for how long they drive on the platform, and enable consumers to continue benefiting from convenient and affordable transporta­tion.”

If the deal makes it all the way through the court’s approval process, which requires a final approval hearing, most drivers would cash out with an average of $131 each. But those who drove more hours — about 700 hours from 2012 through the date the settlement is approved — would get an average of $2,000.

The deal also includes a provision that would prevent Lyft from kicking drivers off the app at will, and would allow drivers an opportunit­y to correct problem behavior before being booted.

Meanwhile, another judge in the same courthouse is considerin­g whether to approve a similar $84 million settlement that lets Uber off the hook over the independen­t contractor issue.

Tempers flared during a hearing on the deal earlier this month, and the company is awaiting the judge’s ruling.

 ?? JEFF CHIU/ASSOCIATED PRESS ARCHIVES ?? The proposed $27 million settlement more than doubles the original proposal. If it wins final approval, Lyft drivers will remain independen­t contractor­s.
JEFF CHIU/ASSOCIATED PRESS ARCHIVES The proposed $27 million settlement more than doubles the original proposal. If it wins final approval, Lyft drivers will remain independen­t contractor­s.

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