Uber Judgment: Workers’ Rights Introduction Is Not Enough, According To PGMBM

Following the UK Supreme Court judgment that all Uber drivers must be considered as workers, Uber laid out how its workers’ rights will be used in practice.

According to the new rules, all UK Uber drivers will be ‘guaranteed’ national minimum wage, holiday pay, and a pension scheme. This will impact 70,000 drivers in the UK, but omits Uber Eats.

PGMBM believes that, additionally to these new rules, drivers are owed compensation for backdated holiday and minimum wage payments. Uber failed to mention this in their roadmap for the future and we do not think this is good enough.

Uber’s terms simplified

Put simply, Uber has ‘committed’ that, after 17 March 2021, every driver will be entitled to:

An additional 12.07% every two weeks to reflect your right to paid holiday
At least the national minimum wage (£8.72 an hour) from the time a trip is accepted to its completion
A pension scheme, which you will be automatically enrolled into with contributions from Uber and the driver
Holiday payments, according to Uber, will begin in May 2021 and will be backdated from 17 March 2021.

They have also offered drivers some reassurances:

Flexibility over when and how you earn on the app
Fares are still calculated in the same way
Upfront pricing still applies
No changes to trip information or service fee
You can still drive with other operators.

Is it enough?

Although Uber believes it is ‘turning the page’ on workers’ rights by introducing national minimum wage for its drivers, PGMBM does not think it has gone far enough.

“Whilst, broadly speaking, the shift in Uber’s position should be considered as a step in the right direction, we invite drivers to read between the lines of what is actually being offered,” said Chris Neill, Senior Associate at PGMBM.

“The Supreme Court’s judgment was clear in classifying Uber drivers as workers from the moment they log into the app to moment they log off – this is yet to be truly acknowledged in Uber’s actions.

“When it comes to employment rights, you simply shouldn’t have to compromise.”

We believe that Uber drivers could be entitled to up to £12,000 in compensation for backdated holiday pay and national minimum wage, and we are currently litigating against Uber to make this a reality.

Chris continued: “We want those drivers affected to know that PGMBM are well and truly on their side and will continue fighting for the full extent of what they deserve.”

The next steps

The judgment is likely to have a huge impact on the gig economy as a whole, thus the next steps taken are of the utmost importance.

At PGMBM, we believe the practices Uber have put into place are insufficient and do not fully adhere to the Supreme Court ruling.

While Uber drivers will be getting minimum wage per trip, they will still not be paid for the time they spend waiting in between jobs.

If you are one of our clients, we will be reaching out to you very soon to make sure you are aware of the changes taking place and to see how we can best assist you going forward.

SIGA O PGMBM

PRIVACIDADE E SEGURANÇA

TERMOS E USO DE PRIVACIDADE

SUGESTÕES E RECLAMAÇÕES

Pogust Goodhead (nome comercial de Excello Law (2) Limited)
SRA License Number 512898

A Excello Law é licenciada e regulamentada pela Solicitors Regulation Authority (SRA) e cumpre com seu Código de Conduta, cuja cópia pode ser encontrada aqui.

MIKE DALY
Partner

Mike Daly joined Pogust Millrood, LLC (now PGMBM US) in 2014. Prior to joining the firm, Mike was a healthcare litigation associate in a large Philadelphia-based defense firm where he represented medical facilities and healthcare professionals in civil liability cases.

Mike represents individuals throughout the country in class action and mass tort claims involving consumer fraud, environmental harm, defective medical devices, and harmful pharmaceuticals. Mike spent his first several years at PM serving as bellwether counsel in the Testosterone Replacement Therapy, Mentor pelvic mesh, and GranuFlo dialysate MDLs. Currently, Mike is serving as lead counsel in the Injectafer iron injection lawsuits pending in Philadelphia state and federal court. Mike is extensively involved in the Zofran birth injury MDL, serving as counsel on a trial pick case and also as a committee member on the Law & Briefing, Science, Discovery, and Generic committees. Mike also manages the firm’s Roundup herbicide litigation and represents dozens of plaintiffs in their pursuit for justice against the manufacturer of Roundup, Monsanto.

Additionally, Mike is heavily involved in the litigation involving certain hernia mesh products and serves as the Co-Chair of the American Association for Justice (AAJ) Hernia Mesh Litigation Group. He has been appointed to leadership positions in both the Bard Davol Hernia Mesh Litigation that has been coordinated in Rhode Island state court (Plaintiff’s Steering Committee) and the Ethicon Physiomesh Multicounty Litigation (MCL) pending in New Jersey (Plaintiff’s Executive Committee).

Mike was born, raised, and educated in Pennsylvania and has spent most of his life in the greater Philadelphia region. He is a proud 2007 graduate of Penn State and 2010 graduate of the Villanova School of Law, where he served as an executive member of the Moot Court Board and worked as a research assistant for Constitutional Law professor, Tuan Samahon. In his ever-dwindling spare time, Mike is an active member of Big Brothers Big Sisters Independence Region and volunteers as pro bono counsel for Philadelphia VIP legal services.

Education

• The Pennsylvania State University, BA, 2007

• Villanova School of Law, JD, 2010

Memberships

• Pennsylvania Bar Association

• American Bar Association

• American Association for Justice

• Pennsylvania State Alumni Association

Admissions

• Supreme Court of Pennsylvania (2010)

• Supreme Court of New Jersey (2010)

• Eastern District of Pennsylvania (2014)

• 11th Circuit Court of Appeals (2016)

Selected Publications

• “Nicholas v. Mynster: Expert Witness Requirements for Medical Malpractice Cases are Heightened as Supreme Court Enforces the Patients First Act’s Same Specialty Requirement,” The New Jersey Defense, Volume 29, Issue 2, Fall 2013.

• “Med Mal Litigation and Social Media: Where is NJ Headed?,” The New Jersey Law Journal, May 14, 2014.

IAN BERG

Partner

Ian Berg serves as a Partner in the firm’s Global Securities Litigation Department, as the head of U.S. Securities Litigation. Ian is an experienced litigator who has represented institutional investors and high-net-worth individuals in U.S. securities class actions and direct actions, leading to the recovery over $4 billion in losses due to alleged fraud and misrepresentations. Ian has strong skills in all aspects of complex litigation, including developing and implementing redress strategies, leading litigation and discovery, and negotiating favorable resolutions. Ian has argued successfully before federal courts throughout the United States, including U.S. Federal District Courts and U.S. Courts of Appeal.

Ian has favorably resolved several U.S. securities class actions while serving as the Court-appointed Lead Counsel, and a number of individual direct actions while serving as the lead litigator on behalf of notable institutional investors and various types of funds. Ian also played an important role on the litigation teams prosecuting some of the largest securities fraud cases brought on behalf of investors in the United States, including the “IPO Securities Litigation” action that encompassed more than 300 companies and 50 investment banks involved in a massive scandal related to IPO practices in the early 2000s and the notorious Tyco securities fraud litigation that recovered over $3 billion for investors.

Ian’s representative cases include:

Lord Abbett Affiliated Fund, Inc., et al. v. American International Group, Inc. et al., 1:15-cv-00774-LTS (S.D.N.Y.)

General Electric Pension Trust, et al. v. American International Group, Inc. et al., 1:15-cv- 00957-LTS (S.D.N.Y.)

City of Orlando Police Pension Fund v. Page, 4:13-cv-02038-PJH (N.D. Cal.)

Pyramid Holdings, Inc. v TerraForm Global, Inc. et al, 1:16-cv-07981-PKC (S.D.N.Y.)

In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 (CRB); BRS v. Volkswagen AG, et al., 16-cv-3435 (N.D. Cal.) (“Bondholder Securities Action”)

Ian is most proud of his work educating investors about securities litigation. Towards that goal, Ian has been a speaker on various topics and has authored or co-authored the following articles: “Other People’s Money: The Unrealized Conflicts of Securities Lending” (Wall Street Lawyer, July 2010); “Why Institutional Investors Opt-Out of Securities Fraud Class Actions and Pursue Direct Individual Actions” (PLI Securities Litigation and Enforcement Institute, July 23, 2009); “Credit Rating Agencies: Out of Control and in Need of Reform” (Securities Litigation & Regulation Reporter, June 30, 2009); “Ruling Warns Funds to Follow Class Actions” (Pensions & Investments, December 8, 2008); and “The 7th Circuit Sends a Strong Message: Institutions Must Monitor Securities Class Actions Claims” (The NAPPA Report, August 2008).

Ian attended the Northwestern University School of Law and Northwestern University.

JOSHUA NEUMAN

Associate

Joshua Neuman joined Pogust Millrood (now Pogust Goodhead) in 2020.

Prior to joining Pogust Goodhead, Josh was an associate at a premier defense firm in the Philadelphia area, representing medical providers in professional liability actions. Josh also represented putative classes in complex civil litigations against pharmaceutical companies.

At Pogust Goodhead, Josh represents individuals in mass tort, products liability, class action, and personal injury claims. Josh serves as an arbitrator in the Montgomery County Court of Common Pleas. The primary focus of these complex civil matters includes pharmaceutical drugs and devices, consumer fraud, and harmful products. Josh also represents businesses in commercial litigation matters. As an associate, Josh provides insight throughout each phase of the litigation – including the pleadings, discovery, pre-trial, and trial stages.

Josh graduated with Honors from the University of Michigan, and attended Temple University Beasley School of Law. While in Law School, Josh was President of the Jewish Law Students Association and advocated for students’ rights as a conduct board advisor. Following his first year of law school, Josh interned for Judge Angelo J. Foglietta in the Philadelphia Court of Common Pleas, and Judge Mary K. White in the Superior Court of New Jersey. He also clerked for two preeminent Philadelphia law firms, giving him the opportunity to participate in depositions, arbitrations, and settlement negotiations.

Outside of his legal practice, Josh is an active board member of the Greater Philly Hillel Network and the Brandeis Law Society. Josh is also an avid sports fan, and enjoys playing softball, football, volleyball, and golf. Josh resides in Center City Philadelphia with his wife and Boston Terrier, Ernie.

Education

• J.D., Temple University Beasley School of Law, 2016

• B.A., University of Michigan, 2013

Jurisdictions

• Pennsylvania

• New Jersey

• Michigan

• United States District Court for the Eastern District of Pennsylvania

• United States District Court for the District of New Jersey

• United States District Court for the Eastern District of Michigan

Professional Associations and Memberships

• Pennsylvania Bar Association

• New Jersey State Bar Association

• Philadelphia Bar Association

• Montgomery County Bar Association

• The American Association for Justice

• The Philadelphia Trial Lawyers Association

• Pennsylvania Association for Justice

• Oakland County Bar Association

Awards

• Recognized by Pennsylvania Super Lawyers, Rising Star 2020 – 2022

PUBLICATIONS >>

Speaking Engagements >>

Appointments >>

Awards >>

MIKE DALY

Partner

Mike Daly is the Managing Partner of Pogust Goodhead’s Philadelphia office.

Mike joined Pogust Millrood (which would later become Pogust Goodhead) in 2014. Prior to joining the firm, Mike was a healthcare litigation lawyer in a large Philadelphia-based defense firm where he represented medical facilities and healthcare professionals in civil liability cases.

At Pogust Goodhead, Mike represents individuals throughout the country in class action and mass tort claims involving consumer fraud, environmental harm, defective medical devices, and harmful pharmaceuticals. Mike spent his first several years at Pogust Goodhead serving as bellwether counsel in the Testosterone Replacement Therapy, Mentor pelvic mesh, GranuFlo dialysate, and Zofran birth injury MDLs. Mike also has managed the firm’s Roundup herbicide litigation and represents hundreds of plaintiffs in their pursuit for justice against the manufacturer of Roundup, Monsanto.

Currently, Mike is serving as lead counsel on behalf of hundreds of individuals in the Injectafer intravenous iron lawsuits pending in Philadelphia state and federal court.

Mike and his team at Pogust Goodhead commenced and have led the Injectafer lawsuits since their inception in 2018.

Mike is also heavily involved in the litigation involving certain hernia mesh products and serves as the Co-Chair of the American Association for Justice (AAJ) Hernia Mesh Litigation Group. He has been appointed to leadership positions in both the Bard Davol Hernia Mesh Litigation that has been coordinated in Rhode Island state court (Plaintiff’s Steering Committee), and continues in his Plaintiffs’ Executive Committee leadership role in the Ethicon Physiomesh, Proceed, and Prolene Hernia System (PHS) multicounty litigation mass torts that involve thousands of plaintiffs injured by Ethicon’s products.

Mike also leads the firm’s efforts in the Abbott formula recall and Necrotizing Enterocolitis (NEC) litigations, as well as the Elmiron vision loss litigation that is pending in the Philadelphia Court of Common Pleas. Mike’s efforts have resulted in millions of dollars in recovery for our firm’s clients.

Since our US firm’s evolution into an international law firm with offices in the US, UK, Netherlands, and Brazil, Mike is busy building products liability litigations on behalf of claimants worldwide, and often relies on the expertise and experience built during his career as a US litigator. In addition to litigating, Mike also serves as a guest speaker on mass torts and products liability matters at seminars both stateside and internationally. Mike has lectured frequently at the American Association for Justice (AAJ) conventions, Harris Martin conventions, and even internationally at a litigation conference held at Oxford University.

On a more informal note, Mike was born, raised, and educated in Pennsylvania and has spent most of his life in the greater Philadelphia region. He is a proud 2007 graduate of Penn State and 2010 graduate of the Villanova School of Law. In his ever-dwindling spare time, Mike remains an active member of Big Brothers Big Sisters Independence Region and a supporter of the Penn State Alumni Association. Of course, Mike’s favorite time is spent away from work with his wife, son, and dog!

Uber Judgment: Workers’ Rights Introduction Is Not Enough, According To PGMBM

Uber’s terms simplified

Is it enough?

The next steps

SIGA O PGMBM

PRIVACIDADE E SEGURANÇA

TERMOS E USO DE PRIVACIDADE

SUGESTÕES E RECLAMAÇÕES

ABOUT US

EXPERTISE

INSIGHTS

CONTACT

TAKEO KELLAR

JOSHUA NEUMAN

MIKE DALY