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DoorDash continues to flout state labor laws by misclassifying its drivers, called “dashers”, subjecting them to low wages and lack of benefits, according to a class action lawsuit.
The company is accused of enriching itself on the backs of its drivers, who receive low pay and no benefits as independent contractors. Allegedly, 97.5 percent of DoorDash’s workforce consists of independent contractors who are denied protections under federal and state labor laws.
“Companies like DoorDash were never supposed to be allowed to run an entire business on the backs of independent contractors,” asserts the lawsuit. “People who work in the company’s core line of business are its ‘employees.’”
The plaintiffs say that DoorDash continues to willfully misclassify its drivers as independent contractors to avoid paying benefits or a minimum wage, but treats them like employees.
“Even though federal, California, Illinois, and Massachusetts law require DoorDash drivers to be classified as ‘employees’ and receive the rights and protections employees get, DoorDash continues to willfully misclassify them as independent contractors, to reap the benefit of their work and maximize its profit,” asserts the class action lawsuit.
The lead plaintiffs say they have all worked as dashers and had similar experiences with the company. They say that they have been responsible for paying for the costs associated with making DoorDash deliveries, including gas, insurance, and mileage, despite the company failing to pay them the federal minimum wage for their work.
Despite the low pay and contractor status, dashers must follow detailed instructions when they begin their DoorDash shift. Failure to follow “precise instructions” can result in termination of their position.
A typical shift begins when the dasher clicks a button on the DoorDash app in order to be assigned orders for delivery, according to the lawsuit. Dasher’s tasks include driving to the assigned restaurant, notifying DoorDash that they have arrived, and picking up or waiting for the food order.
The plaintiffs say an assigned credit card, the Red Card, must be used to pay for the food. Then dashers must drive to the customer’s location, park, follow specific delivery options, and notify DoorDash when the delivery is complete.
According to the class action lawsuit, dashers are evaluated based on a series of factors, including “On Time” delivery, customer ratings, completion rates, and acceptance rates. Plaintiffs say delivery times are tight and do not take into account delays at the restaurant or even with the DoorDash app itself.
In addition, dashers are allegedly penalized for trying to take only high paying or low distance orders, potentially facing deactivation of their account for failing to take on more assignments.
“Dashers with low metrics are terminated,” says the lawsuit. “For example, DoorDash bans drivers from the Dasher App if the driver’s Average Customer Rating falls below 4.2 stars.”
Further, a dasher’s metrics can allegedly affect the quality of deliveries they are assigned along with their pay.
Dashers and DoorDash customers alike are duped by the company’s policy on tips, as well, claim the plaintiffs. Customers may think they are leaving their dasher a tip on top of the fee the driver is paid by DoorDash; however, prior to 2019, dashers received either the guaranteed amount DoorDash would pay for the order or the customer tip – not both.
The plaintiffs seek to represent DoorDash dashers in California, Illinois, and Massachusetts who have not signed the company’s arbitration clause.
Have you worked as a DoorDash dasher? We want to hear about your experience. Tell us in the comment section below!
The lead plaintiffs are represented by Jahan Sagafi, Relic Sun, and Molly Frandsen of Outten & Golden LLP and Steven M. Tindall, Aaron Blumenthal, and Nikul Shah of Gibbs Law Group LLP.
The DoorDash Dasher Class Action Lawsuit is Clifford L., et al. v. DoorDash Inc., Case No. 20-cv-00666, in the U.S District Court Northern District of California.
Read About More Class Action Lawsuits & Class Action Settlements:
619 thoughts onDoorDash Class Action Lawsuit Alleges That Drivers Are Paid ‘Substandard Wages’
I have been a doordash driver full time for the last 3yrs. I can tell you about lots of problems with this company. Just recently tho my weekly avarge has been cut by half if not more and I still work the same amount. I am currently seeking other employment. I have gone through 3 cars working this job. I have finally had enough.
I have worked for doordash for 4 years and never made $13 a hour! $2 $3 deliveries!! Please add me to this!
I have been a Doordasher for more than a year. 1130 total deliveries and a 5 star customer rating. I would love to see advocation for dashers on a Supreme Court level and nation wide. I’m tired and frustrated with the sincere lack of care and respect by the company as a whole. One of the more deeply concerning things is that there is virtually no way for us dashers to communicate with anyone higher than doordash support, which is often someone who does not even live in the same country as you and has no understanding of the platform they are offering support for.
I used to dash in New York, a little in NJ, in PA as well. I can’t recall how many years total but I did it mostly part time for extra cash. I remember one time someone left me an additional tip of $5 and showed it to me that it was left and I didn’t get it. I stopped dashing for them when they were sending me over 20-30 minutes in one direction and another 20-30 mins back and showed a payment of $2.50!!!! This was of course before any possible tip I could’ve receieved but after they kept on sending me rides like this I refused them and they eventually kicked me off their platform. I always had great ratings but because I declined so many low paying offers for high distance travel they removed me.
I do from time to time use doordash to order but their fees are insane! Plus they increase the cost of each item against the restaurants real price and I refuse to use their service.
Please add me
Welll it’s been a long time coming, I started doordashing in 2021 and everything I’ve seen stated in these comments are spot on. We’ve been lied to on distance calculations for deliveries, tips have been hidden/stolen, the better your ratings are as a dasher the worse the orders are when you’re considered “Top Dasher” causing you to decline more orders than usual this dropping your rates and potential order opportunities. It’s like a lose lose nowadays. Hit or Miss. The apps honesty has been so bad when it comes to business, it’ll state very busy when really during specific times of the day all it means is there are orders not being picked up and no dashers available. Then when you proceed ti click “why am I not getting orders” on the help button it’ll state “too many dashers in your area”. I remember one day I spent most of my time question each customer service agent with the same question regarding top dasher and my order quality and they were NOT on the same page and gave me different explanations. They continuously violate their own policies in so many ways and i’m willing to give all my access to whoever needs it to shut these criminals down.
I’ve been dashing for 3 years. As a top dasher you get the higher paidorders, more opportunities, and dash when you want to. Not at all. I have a 98% completion rate. Sorry, I had. The started giving me $3.00 orders for 12mile runs. I did 2 of those, then contacted doordash to see why. After I talked to them, and they said it was fixed, it only got worse for me. They cut me off from getting any orders at all. One dasher was next to me.. he has a 32% acceptance rate, and on the verge of loosing his spot. He got a $14.00 order. It didn’t even go to me 1st. It went to him. Today a new day. I started at 8 am. It is now 3:57 pm. They only gave me 1 order.
I dashed from 8:30 to 8:30 and only made 140$ this is not right please add me to this lawsuit I have prove
I have worked for doordash a couple years now. Ever since gas has gone up I started spending almost half of what I make in gas. Not to mention if I want to be a top dasher I have to take all orders which puts me making below minimum wage be ause trips will be far for little to no money. Then, I had customers say they didn’t get things when they did or spend time looking for apartment numbers that are wrong and customer won’t answer phone. By the time I put wear and tear on my car ( which broke down because I’m in it all day) I make less than minimum wage when you calculate sitting time waiting on orders. People think we make a good living because of the ads they put out so they don’t tip well at all. The majority of orders are so small or want you to drive far and tip $1 or $2. I lived in Atlanta which houses are far from orders. Oh, then you have to shop for people for no extra money and deliver up 4 flights of stairsback and forth with cases of drinks and cases of bottled water to the apartments which is exhausting for $2 tip.
I put so many miles on my car I had to buy new tires, water pump, change the oil often, gas, etc…. Doordash is not worth it anymore because you are working hours in your car and don’t get paid to drive back to the stores and wait for more orders.
Lastly, I checked my deposits and earnings and they were $3000 less then what doordash gave me a 1099 for. I added it up and I made $9000 but doordash gave me a 1099 for $1200. Where did that money go? I didn’t get it. I am super frustrated with doordash because now I have to pay taxes on that money and I didn’t earn that much. Please call me or put me on the class action suit. Thank you so much
DOORDASH IS COMMITTING WAGE THEFT BY DEACTIVATING USER ACCOUNTS AND SEIZING THE BALANCE DUE:
By not providing the contractor sufficient detail to appeal their determination they effectively breach the contract provision to only withhold payment when ” a reasonable determination has been made that that fraud or abuse to the platform has taken place. A determination cannot be considered reasonable nor an appeal in good faith without sufficient information from the contractor to rebut or explain what is alleged.
By not sharing information justifying their accusations or sharing in a broad manner that lacks specifics it prohibits a user from making an intelligible rebuttal. This creates a conflict of interest that DoorDash breaches the good faith promise in the contract to follow an appeals process to adjudicate payment disputes and allows them to withhold payments due for their benefit.
To seize gratuities from clients contradicts the promise that all gratuities will go 100% to the contractor. To withhold the full balance of payment due to a contractor over dispute over what could be a single transaction, a platform bug, or a customer or merchant committing fraud , or a mistake, they have created a scheme that allows them to defraud contractors of their due stipends with little recourse. The contractor remains completely blind to challenge the veracity of DoorDash’s claim that they made “a reasonable determination” warranting complete seizure of all service executed.
This is an unconscionable abuse going on, on a wide scale.
t This is in conflict with the Independent Contractor Agreement which promises a good faith appeal process and that waged
Im a dasher in Boston, MA my base pay from doordash is 2.50-4 per trips between 1-10 miles. I have to wait for peak pay promotions of 2-3 dollar additional to the base pay because most customers dont tip. They assume that drivers get paid from the (high) total and feels like they shouldnt have to give driver additional money ontop of hourly pay and gratuity. But in reality driver get no hourly pay (which if u google doordash pay or look it up on indeed it says u can earn up to $27 an hour which ultimately gets everyone hooked and dupped at the same time. In my area a gallon of gas is 3.50-4 dollars and i manily drive 15-30 minutes away from my house to get better tip opportunities but most time i end up making enough to replace my gas, engine oil, and purchase food to eat. I mainly dash from 6pm-3am. during the day in my area there arnt any peak pay so i would have to deal with traffic, crowds, and also shop and deliver orders like instacart for peanuts. I love being my own boss and this is a good gig job or full time job but all expenses are out of the drivers pocket, and the pay rate and frequency of the jobs relative to distance are undesirable. I.e: last night i dashed from 7pm-3:30am and made 80 dollars. In December 2022 i would go out from 5:30pm-10pm or sometimes 12am-2:30am and make 100 dollars because of the additional $3 ontop of $3 base pay (some trips wit tip some without) and the the frequency of jobs was almost back to back. This reminds me of when i worked for Lifetime Transportation Inc as a chauffeur and was getting paid $5 dollars and hours and 20% gratuity. The frequency of trips was 1 ever 2-3 hours and it would mainly be a 20 minute trip from or to the airport for $180 total cost of the trip.