California Judge Rules No Worker’s Compensation for Grubhub Drivers

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Work Injury Concept A federal judge in California says the delivery platform Grubhub does not owe its drivers the rights of employment, such as minimum wage or workers compensation, even if they’re making a living working through Grubhub. Delivery services like Postmates, Grubhub and Favor don’t refer to themselves as companies. Instead, these delivery services prefer to see themselves as new, rising forms of technology. Delivery drivers don’t agree, however, and have spoken up about wanting the same rights and protections of regular employees. Some major delivery companies have decided to settle out of court but Grubhub dug its heels in, choosing to argue against the lawsuit. The Grubhub worker who filed the lawsuit argued that he was not an independent contractor but a Grubhub employee. This means that under California law, he was entitled to overtime pay, reimbursement for business expenses, and backpay for days where he did not meet minimum wage. The California judge, however, rule that the company was not an employer and was merely a connection between customers, food establishments, and delivery drivers. The Grubhub worker in this case was not an employee but an independent contractor, since he had control of the hours that he worked, the uniform he could wear, and how many deliveries he chose to complete that work week. This ruling, however, only applies to Grubhub and similar app services. The ruling has been appealed, so the delivery driver could potentially turn the ruling around. At this time, however, if you are a delivery driver for any company like Pizza Hut or Domino's, you are considered to be a regular employee and are entitled to the rights of overtime and worker’s compensation. If your employee rights are being violated, contact an attorney right away. At Robbins, Strunk & Cramer, we work with our clients by providing exceptional legal representation and have over 20 years of experience representing California employees. Contact us today to schedule a free consultation.

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