News & Analysis as of

Delivery Drivers

September 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

September 2017: The Top 10 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

August 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month was unusually “slow” in terms of developments in the law of independent contractor misclassification and compliance. There was no blockbuster court decision or lawsuit filed, although one interesting...more

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Phase One Of Grubhub Trial Ends; Waiting Game Begins

by Fisher Phillips on

The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the...more

Judge OK’s $8.75 Million Postmates Settlement

by Fisher Phillips on

A federal judge in California recently gave his blessing to an $8.75 million settlement in the ongoing litigation by delivery drivers against the food courier service, Postmates. In the class action suit, which was filed in...more

A Look-In At The Halfway Point In The Critical GrubHub Trial

by Fisher Phillips on

As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

Harvey/Regional Declaration of Emergency under 49 CFR § 390.23 : Limited Applicability to Arkansas Carriers

An August 31st Arkansas Oil Marketers Association (“AOMA”) publication conveyed a communication from the Chief of the Arkansas Highway Police (“AHP”) which included an August 25th Regional Declaration of Emergency under 49...more

OTA & Travel Distribution Update - Aug. 11th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending August 11, 2017 (where has summer gone) is below. Compared to recent weeks, this past week was relatively quiet on the distribution front...more

The Square Peg and the Round Hole – W2 Driver or IC? Let the Judge (as the Jury) Finally Decide!

by Fisher Phillips on

GrubHub, the food delivery app, has been in a legal battle with a former delivery driver over the driver’s classification as an independent contractor since 2015. Initially filed as a class action in state court in San...more

The Ultimate Misclassification Showdown Could Be Right Around The Corner

by Fisher Phillips on

Gig employers returning from the Fourth of July holiday were in for a rude awakening when they learned about the fireworks that just went down in a California federal court. Right before the holiday weekend, Judge Jacqueline...more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

by Goulston & Storrs PC on

E-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase,...more

Speaking Deliveroo: whatever next?

by Dentons on

Deliveroo has set out words and phrases that managers should use to describe its riders and their working practices in an attempt to fortify the company’s stance that its riders are self-employed, rather than workers....more

FRANCHISEE 101: Special Delivery

by Lewitt Hackman on

For a relationship to meet the legal definition of a "franchise" in some jurisdictions, the franchisor must give significant assistance to, or have significant control over, the franchisee's business. A franchisor's...more

Employment Law Letter - Spring 2017

by Shipman & Goodwin LLP on

Some time ago, the U.S. Department of Labor announced a focus on what it saw as a workplace trend, namely the characterization of people performing functions that are an integral part of the employer’s business (not plumbers...more

Calif. cities lift medical marijuana delivery ban: Is L.A. Next?

by Thompson Coburn LLP on

Under the Medical Cannabis Regulation and Safety Act, enacted Jan. 1, 2016, California authorized the delivery of medical marijuana by licensed dispensaries to qualified patients but allowed municipalities to ban such...more

The Cost of Convenience Understanding the Third Party Food Delivery Dilemma

UberEats. Postmates. Seamless. Grubhub. Eat 24. These are just a few of the names leading the market in the fast growing field of third party food delivery services (“TPDS”). TPDS generally result in increased revenues by...more

New York Court Delivers Denial Of Certification In Papa John’s Drivers’ Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York federal court in Durling, et al. v. Papa John’s International, Inc., Case No. 7:16-CV-03592 (CS) (JCM) (S.D.N.Y. Mar. 29, 2017), recently denied Plaintiffs’ motion for conditional certification...more

Tip Credit Does Not Apply to Delivery Drivers Declares Connecticut Supreme Court

In a decision released on April 4, 2017, the Connecticut Supreme Court found that employers cannot take advantage of a “tip credit” for delivery drivers in order to meet the state minimum wage. The case, Amaral Brothers,...more

March 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

Direct Brewery Sales Exempt from Franchise Laws

The Pa.L.C.B., in answering a multitude of questions, has given Pennsylvania’s brewing industry some clarity concerning the ability to deliver beer directly to consumers. It affirmed that, breweries in Pennsylvania are now...more

The D.C. Circuit Vacates NLRB Ruling on Driver Status in FedEx Case

by Genova Burns LLC on

In early March 2017, the D.C. Circuit in FedEx Home Delivery v. NLRB, 2017 U.S. App. LEXIS 3826 (D.C. Cir. 2017) vacated a National Labor Relations Board (“NLRB” or “the Board”) ruling that Connecticut FedEx drivers...more

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