101950187_3 (Uber--Quotations From Declarations)

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SELECT QUOTATIONS FROM DECLARATIONS O’Connor et al. v. Uber Technologies, Inc., 13-03826-EMC (N.D. Cal.) Declarant Name (Last, First) City Service Quotation Shehab, Jon San Diego UberX “I’ve been an employee and an employer, and I’ve also been an independent contractor. I know the difference between these things. With Uber, I’m an independent contractor. And I wouldn’t have it any other way.” ¶¶ 9-10. “Uber is not my employer. I can make a stronger argument that Uber is my employee than that I’m their employee. Uber books my business for me. Uber collects my money. Uber sends me statements about how much money I’ve made. Uber deposits money in my account. If anything, Uber is my employee.” ¶ 11. “[H]aving been an employee and an independent contractor in the past, I’m definitely an independent contractor with Uber. I don’t have a supervisor, I don’t have a manager and I don’t even have a telephone number for Uber. So there’s no direct or indirect supervision from Uber. There is a performance evaluation that’s done, but it’s not done by Uber, it’s done by my customers. And Uber only gets involved if they see there’s a major problem, in which case I can get deactivated. Just like if my accountant isn't doing a good job, I can change accountants. If my lawyer isn’t doing a good job, I can change lawyers. If my doctor doesn’t do a good job, I can change doctors. That doesn’t mean they’re my employee.” ¶ 12. “I’ve also never heard of a company that allows someone who is an employee to work for competitors. Can you imagine Macy’s allowing a salesperson to punch out and go to Bloomingdale’s and work for them for an hour and come back? I know lots of

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Transcript of 101950187_3 (Uber--Quotations From Declarations)

  • SELECT QUOTATIONS FROM DECLARATIONS OConnor et al. v. Uber Technologies, Inc., 13-03826-EMC (N.D. Cal.)

    Declarant Name (Last, First)

    City Service Quotation

    Shehab, Jon San Diego UberX

    Ive been an employee and an employer, and Ive also been an independent contractor. I know the difference between these things. With Uber, Im an independent contractor. And I wouldnt have it any other way. 9-10. Uber is not my employer. I can make a stronger argument that Uber is my employee than that Im their employee. Uber books my business for me. Uber collects my money. Uber sends me statements about how much money Ive made. Uber deposits money in my account. If anything, Uber is my employee. 11. [H]aving been an employee and an independent contractor in the past, Im definitely an independent contractor with Uber. I dont have a supervisor, I dont have a manager and I dont even have a telephone number for Uber. So theres no direct or indirect supervision from Uber. There is a performance evaluation thats done, but its not done by Uber, its done by my customers. And Uber only gets involved if they see theres a major problem, in which case I can get deactivated. Just like if my accountant isn't doing a good job, I can change accountants. If my lawyer isnt doing a good job, I can change lawyers. If my doctor doesnt do a good job, I can change doctors. That doesnt mean theyre my employee. 12. Ive also never heard of a company that allows someone who is an employee to work for competitors. Can you imagine Macys allowing a salesperson to punch out and go to Bloomingdales and work for them for an hour and come back? I know lots of

  • 2

    Declarant Name (Last, First)

    City Service Quotation

    people who use the Uber App and Ubers competitors apps at the same time. I dont, but most people do. Most people use two or three other platforms. If that doesnt make someone an independent contractor, I dont know what would. 13.

    Fry, Janice Los Angeles UberX

    I dont want anyone to take away this flexibility by suing Uber. I dont know what these people are doing.I wish they would just stop it. Because Im an independent contractor, these people arent just interfering with Uber, theyre interfering with my business as well. 10.

    Diaz, Jose Los Angeles UberBlack

    We [declarant and his business partners] stopped driving for Super Shuttle because, although we were franchisees, Super Shuttle treated us like employees. At Super Shuttle we wore uniformed shirts, had to wait in a holding lot if we wanted business (which is what Super Shuttle calls a ride) from the airport, and Super Shuttle assigned the business. Super Shuttle would penalize me if I didnt accept a business at the airport. I didnt have the option to say yes I want to do this, or no I dont want to do this. And if we were not wearing the Super Shuttle issued shirt, we would not be allowed to take the business. 3. Uber is very different. Im not penalized for not accepting a ride. Im not restricted to a certain area. Im not forced to do a trip; if I dont want to do it, I just dont.With Uber, I have more liberty to do what I want to do, when I want to do it. 4.

  • 3

    Declarant Name (Last, First)

    City Service Quotation

    Martinez, Christopher

    Los Angeles

    UberPlus; UberX

    I wouldnt even want to be an Uber employee. I would quit if they tried to make me an employee, because I value my freedom as an independent contractor too much, I dont want Uber to tell me when or where I have to drive, and I think I would probably make less money as an employee than I can make as an independent contractor. I am familiar with all of the work regulations applicable to employer-employee relationships in California through my previous job at Coca-Cola, and I have no interest in going back to that situation. 8.

    Hakobyan, Hakob

    Los Angeles

    UberBlack; UberSUV

    I like that I dont have a boss; I dont have a crazy dispatch. If you work in a limo company, they will call you all the time, ask where you are, what you are doing. With Uber, you just turn the app off and nobody will bother you. You can work anywhere you want, everything is open. 3.

    Halik, Khalid Los Angeles UberX

    Although my businesses [three restaurants] provide me with all the income I need, I decided to drive for Uber in order to raise money for children with diabetes. 6.

    Lachar, Mark Los Angeles UberX

    The biggest advantage to me in being an independent contractor and using the Uber app is that I have complete flexibility to work when I want, especially given my full-time job. It allows me to gain supplemental income in addition to my day-time job, which is helping me save up for a house. 16.

  • 4

    Declarant Name (Last, First)

    City Service Quotation

    Oliva, Carlos Los Angeles UberX

    To be honest, even if Uber wanted to make me an employee, I wouldnt want to be one. I would quit before I would accept an offer to be an Uber employee. I value my freedom as an independent contractor too much, and I dont want Uber to tell me when or where I have to drive. 9.

    Rojas, Gustavo Los Angeles UberX

    I drive about 15 hours a week. I only drive when I feel like it. I love the flexibility. 6. I turn the Uber app on or off whenever I want. Im not forced to work technically. I just turn it off whenever I want. 8.

    Shakoor, Ali Los Angeles UberPlus

    Any time I want to drive and am ready to drive, I can drive. If I dont want to drive, I can turn off the app. Uber never says anything or pushes me to drive at a certain time, and Uber doesnt ask me to do anyone any favors by working a little extra or covering for another co-worker. Even if I dont work for a few hours, a few days, or a few weeks, its not a problemmy work hours are completely my choice. 11.

    Basha, Raman San Diego UberX

    I wouldnt be interested if I had to be [an] employee. Id shake Ubers hand and say you guys are great, but Im not on board. 13.

  • 5

    Declarant Name (Last, First)

    City Service Quotation

    Marantos, John San Diego UberX

    When youre an employee, you clock in and you clock out, there is a schedule. I wish to continue as an independent contractor because I have the freedom to do other things. 9. I might take 20 different breaks while using the app. You just take off when you want or you think it is necessary. I take breaks for an hour, two hours, 15 minutes, however long I want toIts not like clocking outI can take the whole day off if I want, since I am an independent contractor. I absolutely turn the app off when taking a break and Uber never interrupts my breaks. I get to decide when I take my breaks. 10.

    Adams, Larry San Francisco UberX

    I extremely value the flexibility that Uber gives me because for the last 30 years Ive worked independently. I worked briefly on an employee basis and I didnt like the control the employer had over me. I would not have began using the Uber App if the job was to be an employee. 6.

    Avetisyan, Ernest

    San Francisco

    UberTAXI; UberX

    The UberX service also gives me far greater flexibility than the taxi companies, because I can choose when [I] log in and only need to accept the fares I want. 15. I also have complete control over my schedule now. With the taxi companies, I had to designate a schedule for use of the taxi vehicle, which was also used by other taxi drivers. With the UberX service, I log in when I want, giving me complete flexibility as to when I will work. For instance, I often choose to work in the early morning, and then take a break to drive my daughter to school. 16.

  • 6

    Declarant Name (Last, First)

    City Service Quotation

    Elkhartiami, Imane

    San Francisco

    UberX; UberBlack

    I work on my own schedule from Monday to Friday 5:00 a.m. to 11:00 p.m. I scheduled it this way because my husband works in the afternoon, so I have to take care of my baby. I enjoy the flexibility and the money that Uber provides me. If I stuck with my old job, I would struggle with paying the rent and not be able to spend time with my baby. 4.

    Hsu, Howard San Francisco UberX; UberXL

    I am not an employee of Uber. Uber is a software platform that takes advantage of market inefficiencies. I am paying Uber for a license to use the software. All Uber does is provide the software that allows riders looking for rides to connect with drivers available to drive. I view the relationship as leasing software from Uber. I am using the software and the rider clients are using the software and its matching people up. 11. I would not want to be an employee of Uber because that would mean less flexibility. Uber could tell me where to drive, when to drive, and how to drive. I might have to wear a uniform. It would definitely make driving far less desirable if I had to be an employee. 15.

  • 7

    Declarant Name (Last, First)

    City Service Quotation

    Thompson, Selenge

    San Francisco UberX

    When I was working for Corporate America, I missed out on so many of my daughters firsts. I missed seeing the first time she crawled, the first time she turned around, her first tooth, the first time she held a bottle. I missed her first step. All of a sudden I saw my baby grown and developed and I realized I was missing how she got there. I appreciate the opportunity to be an entrepreneur mom. Thanks to Uber, I can be there for my daughter and to see her grow. My destiny is in my hands. The sky is the limit. 7.