Aguilera v Uber Technologies, Inc. 

STATUS: Active

Case Number: 509275/2023

Aguilera v. Uber Eats (“Uber Eats Background Check Settlement”) is a class action case against Uber Eats, focusing on alleged violations of the New York City Human Rights Law, stemming from the company’s background check process for potential Uber Eats delivery personnel. The plaintiffs, who were denied access to the platform due to the results of their criminal background checks, contend that Uber Eats’ process was flawed and lacked the required legal notices.

Key Points of the Case:

  • The lawsuit concerns individuals who were denied access to the Uber Eats platform as delivery personnel in New York City between October 24, 2015, and July 28, 2021, based on the results of a criminal background check.
  • Four lead plaintiffs alleged that Uber Eats’ background check process was flawed and did not comply with the New York City Human Rights Law.
  • Uber Eats denies these allegations but has agreed to a settlement.

Class Members:

  • The class includes anyone who was approved for a criminal background check by Uber Eats for delivery work in New York City during the specified period, but denied access based on the results of that background check.
  • There are two groups within the class, differentiated by the nature and date of their convictions. Under the terms of the settlement, class members are entitled to receive a minimum one-time payment of $70.00 or a one-time payment between $70.00 and approximately $165.00.
  • To confirm your classification and estimated settlement award, you may contact the Settlement Administrator at 866-403-0681 or admin@NYUberEatsSettlement.com.

Settlement Details:

  • Class members will automatically receive a settlement payment and will forfeit certain claims against Uber Eats unless they take specific actions.
  • Those wishing to opt-out of the settlement or object must submit their statements using the process set forth in Section 10 and 11 of their Notice by December 29, 2023.
  • Members need to update their mailing address with the Settlement Administrator to ensure timely receipt of payment. Members may update their address on the settlement website using their Claimant ID number: https://nyubereatssettlement.com/

There are many legal issues that affect workers in the gig economy, including those related to background checks, minimum wages, and a company’s compliance with local laws.

Outten & Golden is dedicated to ensuring that workers are treated fairly and legally, particularly in this new and evolving sector of the economy. We encourage anyone affected by this case to understand their rights and the implications of the settlement.

If you have experienced a similar situation, contact us today.

December 11, 2023 Update: We recently discovered a technical error in the email notice of this Settlement that incorrectly stated the estimated payment amount for class members.  An email – with the correct estimated payment amount – will be sent on Monday, December 11, 2023.  Please contact the Settlement Administrator at (866) 403-0681 or admin@NYUberEatsSettlement.com to speak with a representative if you have questions or wish to confirm your estimated payment amount. 


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