Uber Tops Taxis

A former Uber driver from Hazlet is seeking to establish a class action suit against the car service for failing to pay overtime. (Jeff Chiu | AP)

NEWARK -- A former Uber driver from New Jersey is hoping to establish a class action lawsuit against the low-cost car service, joining drivers from other states charging that the company failed to pay them overtime.

According to a complaint filed in federal court, Jaswinder Singh of Hazlet is asking the court to permit a class action on behalf of those who worked as drivers for Uber Technologies or UberX, its lowest-cost service.

The lawsuit says that Singh worked as a driver for UberX from Aug. 18, 2014 to Sept. 21, 2015. In that time, it says, Singh had to bear most of the expenses of his employment, including payment of gas, tolls, his mobile phone and other expenses for which he claims he should have been reimbursed.

In addition it says Singh "regularly worked at least 60 hours per work week." However, he was not paid an overtime premium for the hours after 40 hours per work week.

The lawsuit says the failure to pay the overtime rate of one and a half times pay for hours over 40 per week violates New Jersey's wage laws.

A message to Uber's attorney, Paul C. Lantis of Littler Mendelson in Philadelphia, was not immediately returned.

The San Francisco-based company recently has been sued in federal courts in Arizona, Florida and elsewhere by other drivers seeking back payment for uncompensated overtime hours.

The lawsuits were filed as Uber earlier this year settled complaints from Massachusetts and California for up to $100 million, according to Uber's web site. According to Uber, the drivers in those states will remain independent contractors, not employees.

"Uber has placed in motion, with its proposed $100-million settlement, a rush to the courthouse by other drivers and class-action lawyers for their piece of Uber," Richard Reibstein, head of the independent contractor practice at Pepper Hamilton in New York, told The Los Angeles Times. "Uber had to anticipate that this would have occurred."

Uber's web site says the company now has more than 450,000 drivers.

Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.