1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

Judge to Decide if California Sharing Economy Driver Deserves Employee Protections

Posted on in Employment

employment law case,  San Jose employee misclassification lawyers, sharing economy, employment lawsuits, sharing economy driverBloomberg Technology reports that U.S. Magistrate Judge Jacqueline Scott Corley recently heard closing arguments on an employment law case that is poised to have a wide reaching impact on California’s sharing economy. In the sharing (or “gig”) economy companies such as Uber, AirBNB, and GrubHub provide infrastructure for private individuals to use their vehicles, homes, and other resources at their disposal to provide services to others (generally for a fee). 

The Facts of the Case 

The case, Lawson v. Grubhub, involves a GrubHub food-delivery driver who is fighting to be recognized as an employee rather than an independent contractor in the eyes of the law. Misclassification of workers is a big deal because employees in California are afforded a wide variety of legal protections that independent contractors simply do not enjoy. The question of whether or not a particular worker should be classified as an employee or as an independent contractor in California primarily turns on how much control the company had over the worker.

In this case, GrubHub argued that they correctly classified the driver as an independent contractor because the company had very little control over the worker as he decided where, when, and how frequently he would make deliveries. On the other hand, attorneys for the plaintiff in this case argued that GrubHub controlled the employer-worker relationship because the driver was expected to accept delivery assignments during the shifts that they signed up for. 

Why This Case is Important

The outcome of this case will likely have a huge impact on California’s sharing economy as this is one of the first misclassification of a sharing economy worker cases to go to trial in the U.S. and will undoubtedly be used as legal precedent in similar cases that go to court later on down the road. In fact, Uber and other sharing economy companies are already facing a slew of similar employment lawsuits. If the court determines in these cases that workers operating within the sharing economy are in fact employees rather than independent contractors then the companies that employ them will likely face massive misclassification penalties and will be required from here on out to provide their workers with all of the protections that employees in California are entitled to. These protections are numerous but mostly have to do with employee benefits, tax implications, and liability. For all of these reasons the outcome of Lawson v. GrubHub and other similar misclassification lawsuits will greatly shape California’s sharing economy. 

Let Us Help You Today

If you are a worker who has been misclassified as an independent contractor, or a California employer who has been accused of misclassifying an employee, the experienced San Jose employee misclassification lawyers of Jachimowicz Law Group are here to help. To find out what our firm can do for you contact our office today and schedule a free initial consultation.

Source:

https://www.bloomberg.com/news/articles/2017-10-30/it-s-grubhub-on-trial-but-uber-has-a-dog-in-this-fight-too

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top