Uber CEO Travis Kalanick is taking aim at a new legal battle between Uber and two of its drivers who allege the company is unfairly discriminating against them, according to a filing filed Tuesday.
In a filing on behalf of Uber drivers who are part of the class-action lawsuit against Uber, Kalanicks lawyer said he would be representing the company and that he would file a motion to dismiss the complaint against the drivers and seek a court order allowing Uber to resume operation.
The filing came hours after Uber and its attorneys in New York filed a response to a separate class-actions lawsuit filed in California.
In the California lawsuit, the drivers are suing Uber and Kalanack for discriminating against drivers and denying them the right to earn commissions or be paid based on performance.
Uber, however, argues that the California case lacks merit because it was filed after Uber suspended drivers in New Mexico and Oregon, which Uber said did not violate California law.
The California suit, filed Monday by Uber drivers in Santa Clara County, accuses Uber of unlawfully discriminating against Uber drivers, denying them fair compensation and failing to pay them overtime for driving for Uber, according the complaint.
The lawsuit seeks to recover from Uber drivers $1 million and a $50,000 fine and for injunctive relief that would prohibit Uber from violating California labor law or other state or federal laws.
Uber said in a statement to Recode that it has been working with Uber drivers to resolve their dispute and that it is reviewing the California complaint.
It said it would respond to the complaint in court if the court allows it to do so.
In response to the California suit in a Tuesday filing, Uber’s lawyer said that the company does not have a claim against Uber and has no position on the California matter.
Uber drivers who have filed similar claims against Uber in other states have not yet received any response from the company.
The California drivers, however have said that Uber has failed to compensate them for time spent driving and that they were treated unfairly.
Uber’s lawyer, John Burris, said in the filing that the driver complaint is not an “absurd or baseless” claim because the California drivers have not received any compensation from Uber and have not been disciplined for driving Uber.
The drivers are members of the National Association of Independent Businesses, a nonprofit trade association that represents small businesses and business owners.
The National Association is one of the major employers lobbying for Uber and other ride-hailing companies.
The New Mexico drivers filed the California claim in July, when Uber and the California Taxi Workers Association were fighting over how to handle their union dues.
The New Mexico union claimed Uber was abusing its control over drivers and that Uber had improperly denied drivers their right to a fair and regular wage and benefits.
Uber argued that New Mexico’s labor law does not allow a taxi driver to be required to collect a commission or other pay based on an individual’s performance.
Uber argued that drivers should not have to pay a driver for the hours of work he or she performed for Uber.
A lawsuit filed last year in California, also filed by Uber and New Mexico, also alleges Uber and Uber drivers are being discriminated against by Uber.
The case was dismissed by a judge in July.
Uber has since faced several lawsuits in California over its use of driver-owned vehicles, including lawsuits brought by UberX drivers in California and New York.
Uber has argued that the lawsuits were frivolous and lacked merit.