The WLF Legal Pulse recently featured a Wage and Hour Defense Blogpost, titled “Labor Issues in the Gig Economy: Federal Court Concludes That GrubHub Delivery Drivers are Independent Contractors under California Law,” co-authored by Adam S. Forman, Member of the Firm, and Kevin Sullivan, Associate, in the Employment, Labor & Workforce Management practice, in the firm’s Detroit, Chicago, and Los Angeles offices.
Following is an excerpt:
Recently, a number of proposed class and collective action lawsuits have been filed on behalf of so-called “gig economy” workers, alleging that such workers have been misclassified as independent contractors. How these workers are classified is critical not only for workers seeking wage, injury and discrimination protections only available to employees, but also to employers desiring to avoid legal risks and costs conferred by employee status. While a number of cases have been tried regarding other types of independent contractor arrangements (e.g., taxi drivers, insurance agents, etc.), few, if any, of these types of cases have made it through a trial on the merits – until now.