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.
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641 thoughts onDoorDash Class Action Lawsuit Alleges That Drivers Are Paid ‘Substandard Wages’
I want in on a law suit as well ,after the wear and tear on your vehicle and insurance and tires oil changes putting you time and life at risk and when all that is done, you have to pay taxes out of all that ,they have ripped me off multiple times ,telling me to wait on orders to recieve an extra half pay it never happend ,once the had a program that if you complete 5 consecutive orders you will tecieve extra money ,never happend ,then you forced to take orders or face lower status or deactivation they run the company as if they’re communist or slave owners and they made 4.6 billion in 2023 and we as drivers have pennies to show for all our hard work.im on a fixed income less than a thousand a month and I’m disabled so I need some extra just to live and I can’t make it after running my butt off
The gas takes up half of your money
I agree 100% with everyone who wrote on this forum and I myself is having the exact same issue of these complaints that I just read. Please include me in any lawsuit.
Same issue with me,The new system set us to platinum after 100 delivery’s, Dash anytime and was making fair to good money, Then today sent us 7 back to back calls at 2.00 bucks for 5 to 7 miles no way to take them with my own expense of car gas repairs etc…Turned them down as supposably I’m a contract driver, It knocks 1 to 2 percent immediately off your acceptance rate. But you have to take multiple runs to gain back 1 percent. These junk calls reduced the rate to 70 percent, Later that day we got a 3.00 dollar call going 6 miles and said no…And immediately the system knocked us from platinum down past gold to the bottom at silver because the acceptance dropped below 70 percent. Which forces you to take junk calls that cost money to take to get the acceptance rate back up to meet hold standards, Then you have to start all over to get to the higher tier in order to make any money again other wise your forced to schedule a dash, And doing that door dash sets only 30 min increments maybe twice a day which punishes you for being a contract driver. Then they set a standard on the base pay depending on what they feel. The customers think we get this 8 or 10 bucks there charged when in fact we are only getting a base pay and for ridiculous miles, Also there gps system is sending us to wrong locations on purpose to cause late deliveries, Again another rating you need ..Then there’s the customer ratings that accounts for this and due to door dash errors or the merchant errors the customer gets mad and puts bad reviews causing customer ratings to fail, Again another rating that decides if u make money. Door dash is a scam!!!!! Been doing it for 4 years and it’s getting worse, I can’t tell you how many times they have taken my money, Or cheated me…It’s my car my gas my insurance my taxes and my wear and tear, And with there system there running me as though I’m an employee..and forced to do everything they say do. Believe me when I say door dash is a serious scam!! And id love nothing more than to sue them for the several cars I’ve gone through that blew up being forced to run like this. If anyone is wondering why I dash, It’s because of a disability my wife and I have, and having trouble getting a job with my restrictions so I dash when I can to pay bills.
I have dashed on and off for about 5 years. 1 major thing I notice is a major violation. They say that want they pay for the order depends on how long and how far you have to go. However, I have several orders that are a few miles and pay $4-$5 with no tip. Then orders that have good tips on them no matter how far they are doordash only pays the $2 minimum. Plus they shorted me $6 on a delivery. I had 2 pick ups being dropped off at the same house. They had the location wrong for the 1st restaurant, when I got to the restaurant they wouldn’t let me click arrived. So I call and tell them which store I’m at, they call the wrong store and the store they called canceled the order. I didn’t know this and still picked up the order and confirmed pick up of the order through the app. When I delivered the order I was shorted the tip from the order doordash mistakenly called. I can them and they refuse to check with the store that I picked it up and wouldn’t call the customer to confirm I delivered it. They said a supervisor would call me and nothing. Lastly, tonight something that happens once in a while is the term you the wrong mileage. It said 10.1 miles and $8.50 tip. It ended up being 16 miles. I continue to Dash because it is an easy way to make extra money, but am quickly getting fed up with them.
I have been a dasher since the pandemic started, unfortunately the pay rate has been declining as the app became more popular so DD has become extremely gretty and drivers pay is ridiculous low .
the main income from dashing comes from tips, but there is only a 60% people who tip and tips are NOT generous. A dollar here a dollar there. and actually we are treated as employees and NOT as I.C. we are subject to the acceptance rate, too low? = Few or No incoming orders. And this happens because the drivers chooses what orders could be profitable and which are not.
UberEATS is much worse .
They allow tip bate. Meaning the customer place a good tip so driver will accept the order,and after the order is delivered the customer goes back in to the app and removes the tip and driver gets paid under Three dollars for the delivery. No matter how far the driver drove and how much effort the driver had to do in order to deliver such order. This type of business conduct is corrupt and hopefully with a lawsuit this practices will end for good.
As for attorneys representing only drivers who have not sign the arbitrary contract
For those attorneys I have to say
You guys are of B* because all most every driver must sign that arbitration contract to start delivering and they have make it impossible to opt out even if you did it
They simply will argue the driver never sent any mail to opt out even if you have certified. NONE of those gig apps at the offices will NOT sign the received letter to
have the excuse they never received anything. No matter what app you do, ALL of them are crooks from driving with Uber to delivering groceries from instacart or food from UberEATS Doordash e.t.c.
We need some real Attorney representation willing to take the bull by the horns and bring down all those to stop stealing from drivers and treating us as employees.
I finally gave up with door dash 2 weeks before Christmas while I was on the clock with door dash I just got done dropping am order off making my way back to town next thing a deer runs into me my car has minor damage to my bumper passenger side front andy washer fluid box broken I am glad I don’t give door dash my time anymore the they were supposed to fix my car because it happened on the clock what a lie that was and I was dashing in Arkansas
Michigan Dasher here. The one commenter that stated we make 150-200 per day is correct. It should be noted that this is not for a simple two hours. We’re talking an 8 hour day. Yet somehow, if we try to work longer hours, we make less through the day, so that we still only get 150-200 for the day.
It’s also important to note that in Michigan it is the law that delivery drivers must be paid a separate mileage rate from the normal work pay rate. Door dash does not pay mileage at all.
I’ve been a dasher in pa for a year I’m at almost 4,000 deliveries completed I’m a hard worker and I work everyday im sick and tired of the low paying orders as a platinum dasher 4.9 customer rating I should get the best orders out there but we’re not our own boss we get in trouble for declining orders I want in on the lawsuit because I’m owed alot of money they keep taking from us and doordash is not even in The USA we are being used and overworked this is horrible to work 14 hours a day and not make good money the worst trip I was offered was $3.25 for 17 miles are they mentally challenged or what?? Doordash needs to be held accountable we are being used to make them rich screw that bs #CANCELDOORDASH
Hello I was wondering how one can get included in the door dash lawsuit. I have been having issues with them for awhile. The most recent being I moved to Nevada and now it’s like worse than before. I’m not getting anywhere near what I should be getting paid. The deliveries cost more than you receive in gas and time and for a company saying they need so badly in Nevada they are doing the exact opposite of a good incentive. It’s no wonder they need drivers. I showed them screenshots where it says I should still get the pay adjustment being in Nevada and they ignored me and said I don’t qualify. I have proof and they just ignore it and go nope. Please someone help me.
So I was originally deactivated because my license expired, but I had my new license in my hand they don’t follow through on the laws of the state. Also, you’re constantly being threatened that you’re going to be deactivated. Or worried about it, you know? Sometimes this extra money does come in handy. You know, especially if you’re on a type budget and there’s only one. Income coming in, but when they take this income from you for no apparent reason. And just say you’re done, and this is how it’s gonna be, and if you like it or not who cares sometimes they don’t pay you. You’ll go to A. You’ll drive 10 miles to a location and who get to the location and. The store is closed or the store order gets canceled and then you’re sitting there. With that 10 mile in 10 mile out, drive such 20 miles and you walked away with absolutely nothing. At 1 point I was averaging about 38 to $4000 a month, but I also became top Dasher. And worked hard to get to it, but they didn’t like that. And I noticed that I wasn’t getting the orders that I was promised. I just promised always hire paying orders. And you wouldn’t get them but also I noticed that a lot of top dashers have been deactivated. Why is because they’re making too much money and it’s taking from DoorDash? I have almost decided to make a facebook page about top dashers and deactivation, so maybe that would help with some more information or some more stories that we can submit to the the judges
What I hate is u get 2 or 3 orders and they only pay u from the 1st orders location and 2nd orders location and so on.. not from the store u picked it up from.. yesterday I had 2 orders I had to pickup.1 went 7.5 miles for 8.50. The other said 5.4 miles for 3.25. But what the restaurant from the second order was 12.9 miles.. I get pissed cause then I have to drive back with no earnings.. it isn’t right that they can cut money from u like that.. they should pay from store to delivery not from resident to resident.