News & Analysis as of

Delivery Drivers

You Win Some, You Lose Some: A Review Of Some Recent Misclassification Decisions

by Fisher Phillips on

At the forefront of mind of every gig economy company is the troublesome question of whether its workers are properly classified as independent contractors. Just search our blog for cases involving “misclassification” and...more

Is the "Gig" Up? The On-Demand Economy in 2018

by Payne & Fears on

On February 8, 2018, Magistrate Judge Jacqueline Scott Corley found that couriers for the tech/food delivery service company GrubHub, Inc. (“GrubHub”) were properly classified as independent contractors. Judge Corley made...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Faster Than Now! The Final Word, On the Final Mile

by Benesch on

We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more

Web Exclusive: February 2018: The Top 15 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. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

An Appealing Update on the Grubhub Misclassification Case

by Fisher Phillips on

We knew we hadn’t heard the end of this case, but yesterday it’s official: the worker who lost what is believed to be the nation’s first-ever gig economy misclassification trial last month has filed an appeal with the 9th...more

Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers

by Morrison & Foerster LLP on

With regulatory frameworks around autonomous vehicles (AVs) under development at the federal, state, and local levels, new autonomous technology frontiers are emerging for rulemakers. The latest is personal delivery devices...more

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

by Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Take Out and Classification Take-Aways: Federal Court in California Finds Food Delivery Drivers Are Independent Contractors

In the first federal court in California to issue a rule on classification of gig-economy workers, the Northern District of California recently concluded that restaurant delivery drivers are properly classified as independent...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

Grubhub Wins First Independent Contractor Misclassification Trial in the Gig Economy

by Holland & Knight LLP on

Independent contractor misclassification claims have been percolating through the courts for years. Some were swept away by a wave of federal preemption, which has subsided. Others found their way to the summary judgment...more

First Gig Economy Trial Decision: Independent Contractor

by Rumberger Kirk & Caldwell on

The Lawson v. Grubhub, Inc., trial has been closely monitored by those in the gig economy, since it is the first trial to address the classification of “gig” workers....more

A Blueprint For Contractor Classification Success, As Taken From The Grubhub Trial Victory

by Fisher Phillips on

By now, you’ve probably heard the good news: a federal judge yesterday ruled in favor of Grubhub and pronounced that a delivery driver who was challenging the independent contractor classification model was not, in fact, an...more

Victory For Grubhub In First-Ever Gig Economy Trial - Three Things All Gig Economy Companies Need To Know About Decision

by Fisher Phillips on

In what is believed to be the first time in our nation’s history that a trial court has reached a judicial merits determination in a gig economy misclassification case, a federal judge in California ruled in favor of the...more

What Does GrubHub’s Big Win In Its Independent Contractor Misclassification Trial Mean for Other On-Demand, Sharing Economy...

by Locke Lord LLP on

Earlier today, GrubHub, Inc. won its highly publicized case brought against it by a restaurant delivery driver / courier for allegedly misclassifying him as an independent contractor. The case drew sustained media attention...more

The Future of Freight

by Tonkon Torp LLP on

By now we've all heard about receiving Amazon packages by drone. Drones haven't cornered this market, though – there are also robots. But these are just the tip of the iceberg for cool new ways for stuff to get delivered more...more

End of the Year Whirlwind for Labor and OSHA Matters! Part I of III

by Fisher Phillips on

The long awaited nominee for Assistant Secretary of Labor for OSHA, Scott Mugno, finally received his Senate Labor Committee hearing on December 5, and passed through without controversy on a party line vote. Unfortunately,...more

Safety Concerns Arise After Tragic Death Of Young Gig Worker

by Fisher Phillips on

Last month, 19-year-old Antawani Wright-Davis, who worked as a bicyclist delivering food for an app-based food delivery service, was struck and killed by a dump truck while working in Boston. Because of Wright-Davis’ status...more

The Brave New World of In-Home Delivery Systems

by Robins Kaplan LLP on

Retail giants Walmart and Amazon have recently announced new in-home and in-trunk delivery formats that could revolutionize the way we receive consumer goods, while also raising several potential legal issues....more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

New Employment Laws Will Require Changes for Most Employers in 2018

by Farella Braun + Martel LLP on

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

A Comprehensive Review Of The Grubhub Trial Closing Arguments

by Fisher Phillips on

After a five-hour closing argument session in a California federal court on Monday, the gig economy is waiting with baited breath and trying to hazard their best guesses about how the judge will rule in the high-stakes Lawson...more

Summary Of Post-Trial Briefs Filed In Grubhub Misclassification Case

by Fisher Phillips on

The parties in the Grubhub misclassification case are back in court on Monday, October 30, delivering their final closing arguments to the judge. We’ve written about the trial extensively. To sum it up, though: a former...more

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

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