News & Analysis as of

GrubHub Employee Definition Employer Liability Issues

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

Polsinelli

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

Polsinelli on

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

Lathrop GPM

Gig Economy Prompts New California Worker Misclassification Law

Lathrop GPM on

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

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

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

Fisher Phillips on

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

Fenwick & West LLP

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

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

Stinson LLP

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

Stinson LLP on

Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Ballard Spahr LLP

Fitting a Square Peg Into a Round Hole: Worker Classification in the Gig Economy

Ballard Spahr LLP on

In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more

Littler

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Troutman Pepper

Misclassification Claims Threaten Gig Economy Business

Troutman Pepper on

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

Rumberger | Kirk

Employee vs. Independent Contractor: How This Classification Is Bringing Legal Challenges To The Gig Economy

Rumberger | Kirk on

The gig economy is a labor market characterized by temporary positions or freelance work with independent workers for short-term engagements as opposed to permanent jobs. Think Uber, Delivery Dudes, Taskrabbit, and Upwork. ...more

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