Uber lost its bid to freeze a lawsuit bound for trial over California drivers demands to be treated as employees while the company appeals rulings that dramatically increased the stakes in the case.

U.S. District Judge Edward Chen said he wont issue a final ruling following a June trial if his decision to add more than 100,000 drivers to the class action hasnt been resolved on appeal.

A federal judge has ruled that the reworded agreement is confusing.

Uber is asking its U.S. drivers to sign a re-worded contract that restricts their right to sue in an escalation of a battle over whether they should be treated as employees.

Uber drivers seeking to be treated as employees won a ruling that could add tens of thousands of them to the case and put hundreds of millions dollars more at stake.