News & Analysis as of

Independent Contractors GrubHub

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
BakerHostetler

You Can Contract If You Want To: California Appellate Court Leaves Prop 22 Largely Intact

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On March 13, a California Court of Appeal reversed most of a lower court ruling invalidating Proposition 22, the state’s 2020 voter-approved gig economy law allowing giant app-based ride-hailing and delivery companies, like...more

Holland & Knight LLP

Massachusetts Food Delivery Drivers Not Exempt From Arbitration

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One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Ervin Cohen & Jessup LLP

Ninth Circuit Holds that the Dynamex ABC Test Applies Retroactively, But Not Prop. 22

On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

Fisher Phillips

Once-Pivotal Grubhub Case Back On The Court Docket – But Has The Gig Economy Moved On?

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A federal appeals court just resurrected a pivotal gig economy battle that at one time seemed to be the center of the legal universe – but for a variety of reasons seems much less important these days. The 9th Circuit Court...more

Polsinelli

California Voters Pass Proposition 22, Changing How App-Based Drivers Are Classified

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On November 3, 2020, California voters passed Proposition 22, a ballot measure that classifies certain app-based rideshare and delivery drivers as independent contractors. ...more

BCLP

Seventh Circuit: Key Takeaways from Wallace v. Grubhub

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In a recent opinion, the Seventh Circuit decided that delivery drivers for a popular, nationwide mobile food-delivery service were not “engaged in foreign or interstate commerce” for purposes of determining whether they were...more

Fisher Phillips

Federal Appeals Court Hands Gig Companies Best New Prime News Yet, Requiring Grubhub Workers To Arbitrate Dispute

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A federal appeals court just handed Grubhub – and gig economy companies in general – a pivotal victory by narrowly interpreting an exception allowing certain transportation workers (including independent contractors) to...more

Robins Kaplan LLP

Financial Daily Dose 5.29.2020 | Top Story: Google Cut Costs . . . .

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Google cut costs by rescinding offers to more than 2,000 contract workers due to the strains of the pandemic....more

Fisher Phillips

Grubhub Decision Put On Ice As Retroactivity Question Looms

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You’ve been waiting quite a long time for a critical ruling from the 9th Circuit Court of Appeals on the very fabric of the gig economy model – and you’re going to have wait even longer. The appeals court just announced late...more

Lathrop GPM

Gig Economy Prompts New California Worker Misclassification Law

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California has some of the most extensive employee protections in the country. California law requires paid leave, paid rest breaks and permits employees to sue for wrongful termination in violation of public policy. ...more

Fisher Phillips

Round One of Critical New Prime Battle Goes To Gig Businesses

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Great news for gig economy businesses from an Illinois federal court: a judge recently ruled that Grubhub’s delivery drivers were not operating in “interstate commerce,” and therefore were not excluded from the company’s...more

Holland & Knight LLP

Federal Court Dismisses Independent Contractor Misclassification Suit in Favor of Arbitration - Ruling Involves Case Where...

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In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more

Fisher Phillips

4 Things You Need To Know About Grubhub Plaintiff’s Reply Brief

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Regular readers of this blog know about the Grubhub gig economy misclassification litigation. The quick version: Grubhub squared off with a former driver, Raef Lawson, in the nation’s first-ever gig economy misclassification...more

McDermott Will & Emery

Worker Classification: Complications Beyond the Front Page

California’s Dynamex Rolls Out The ABC Test And The Presumption Of Employment - ? The burden is placed on the employer to prove IC status ? Individual is deemed an employee unless employer demonstrates prongs A, B, and...more

Fisher Phillips

Next Shot Fired: We’ve Read Grubhub’s 71-Page Appellate Response Brief So You Don’t Have To

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The next shot has been fired in the long-running misclassification dispute between plaintiff Raef Lawson and gig economy giant Grubhub, as the company filed its Answering Brief with the 9th Circuit Court of Appeals late...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Uber Driver Jumps Into Grubhub Battle: 3 Things You Need To Know

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The Grubhub misclassification battle, which has dominated gig economy headlines for the past year or so, has taken another interesting turn. An Uber driver has jumped into the fray, offering his opinion about why the 9th...more

Fisher Phillips

3 Takeaways From Grubhub Plaintiff’s Opening Appeals Brief

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The first-ever trial on the gig economy misclassification to reach a judicial merits determination has now turned into the first-ever appeal on gig economy misclassification. And late Friday evening, the plaintiff seeking to...more

Fisher Phillips

Grubhub Fights Back, Argues That Gig Companies Should Not Be Retroactively Tagged With Misclassification Liability In A...

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Now that sports betting has been legalized by the Supreme Court, I might want to consider laying some action on an upcoming game, because I am on fire with my recent predictions. In a blog post from last week, I correctly...more

Fisher Phillips

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

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Late Friday afternoon, the attorneys for the worker who came out on the losing end of the Grubhub misclassification trial asked the appeals court to return the case to the lower court for a new hearing. Their reasoning? Last...more

Fisher Phillips

Another Misclassification Win For Gig Economy Businesses - Pennsylvania Federal Court Finds UberBLACK Drivers Are Contractors

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In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more

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