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DoorDash drivers have filed a class action lawsuit saying that they don’t receive a base pay plus 100 percent of customer tips, contrary to the food delivery service’s advertisements to drivers.
Plaintiffs Jamie Webb and Aaron Hodge are Georgia residents who say that they worked for DoorDash as drivers, delivering food to people who order it via the company’s app.
The two drivers say they agreed to work for DoorDash in part based on the advertisement made by the company that they would receive a base pay rate plus all of the tips given by the customer.
According to the DoorDash class action, this is not the case, and drivers end up receiving far less compensation than advertised.
Webb and Hodge say DoorDash gives customers the option to tip their delivery person. Allegedly, the app asks a customer “how much would you like to tip your driver?” giving the customer the option to leave a default 10 percent tip or to leave a custom tip amount.
The DoorDash class action states that drivers are promised a certain sum of money if they accept to be the driver for a delivery.
Allegedly, drivers like Web and Hodge were promised a base rate of pay plus 100 percent of customer tips, but in 2017 DoorDash changed its payment policy by using a customer’s tip to pay the driver’s base rate, so the driver receives less compensation.
The DoorDash class action lawsuit says that this policy change “contradicts DoorDash’s explicit representations, including statements on its website and [to drivers] that ‘if the base pay + tip is less than the guaranteed minimum offered, Dashers will receive the guaranteed minimum amount. If the base pay + tip is greater than the guaranteed minimum amount, Dashers will receive the base pay + tip.’”
The DoorDash pay rate class action lawsuit provides the example based on the advertised pay structure, if a driver was guaranteed a base pay of $5 for delivery, and the customer tipped $3, the driver should receive $8 dollars — $5 from DoorDash and $3 from the customer.
However, in the actual payment structure in which DoorDash uses customer tips to pay the base rate, if a driver is promised a base pay of $5 and a customer tips $3, the driver only receives $5 — $1 from DoorDash and $4 from the customer.
Allegedly, the actual payment policy is deceptive to both customers and drivers “because tips are meant to go to the drivers on top of whatever base pay the driver gets for the delivery — it it meant to be in addition to wages, not a substitution for them.”
Webb and Hodge claim that they and other DoorDash drivers are financially harmed by DoorDash’s wage policy because they made less money than they would have if they had received the advertised payment of a base pay plus 100 percent of customer tips.
The DoorDashers are represented by James F. McDonough III, Travis E. Lynch, and W. Lewis Garrison, and Chris B. Hood of Heninger Garrison Davis LLC.
The DoorDash Driver Tip Class Action Lawsuit is Jamie Webb, et al. v. DoorDash Inc., Case No. 1:19-cv-00665-CC, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.
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503 thoughts onDoorDash Class Action Says Drivers Don’t Receive 100% of Tips
I would likento speak with an attorney about suing , “Mobee,” which is an online application that solicits “Bees” (what we as Independent Contractors are referred to as) to perform various undercover duties at retail establishments such as Target, Walmart, Dollar General, Kroger, Lowes,etc., where we follow a set of instructions to spy on company inventories, displays, product placements, prices, competing brands, etc., by capturing photographic proof, answering questions, and sometimes pretending to be a customer to stage an interaction with employees about products. They also publish the lies we are supposed to tell any employee or manager in the event we are confronted as to our activities, for example, thatbwe are taking pictures to show a sick friend who is waiting in the car what is available in the store. The instructions for these “missions” are published in the application and are specific to each type of mission. These missions are given silly names and have a point value attached to them that is then redeemed for cash cards and gift cards as our payment for successfully completing the missions. Written in the requirements by the company, are stipulations that state, in order for our missions to be accepted and used by the company to submit to their customer, all submissions from us need to be in accordance with mission instructions, and that in the case they determine the instructions were not followed correctly, our missions could not be used and therefore we would not be paid for any portion of our work. I believe that Mobee is purposely rejecting missions and using the content we submit to fulfill their own contract with the customer to receive their payment but NOT paying us for our work, finding some arbitrary error or misstep to use as a reason to avoid payments to us “Bees.” Sometimes it appears the instructions for these missions are deliberately written in a way to provoke errors so as to provide them with an excuse to fail the submission and then secretly using our work anyway for their profit while paying us nothing. We are given the opportunity to appeal their decision to fail missions but these appeals rarely result in favor of the person who did the work. There have been times where weeks and months have passed after original submissions were made for payment or appeals filed for refused missions when I have written inquries about the delays and the company responded sayingbthey were severly backed up from all of the appeals that had been filed. From that information I have deduced that I am not the only person having issues with Mobee. I don’t doubt that there are likely hundreds, if not thousands of appeals filed from other IC’s (Independent Contractors). I also believe the company may have put the cart in front of the horse, so to speak, and does not have the funds to pay it’s Bees, which could be another reason for the rejections of our work, but no matter the reason, I have reasonable cause to believe that content from our rejected missions is being used by them. I have written them several times regarding this onslaught of rejections, even offering to rewrite mission instructions in a more clearly written and comprehensive fashion and all have gone unanswered. There are also certain tier levels in the application according to the type of mission we complete, that whwn a certain number of those missions are completed a redeeemable point reward is given. Even though I have reached several of these markers, they remain not updated. They also are not researchable with any application tools provided which would show how our missions were classified and where they were totaled, which would enable us to verify reaching these goals. I believe this too is another way to avoid paying us.
I work with more than 10 other companies and have never had so much work rejected, if any at all. I believe Mobee has joined the ranks of some of the other companies who think us gig workers don’t have rights to be paid fairly. These places wouldn’t have a business at all if not for the gig workers they see fit to abuse and I think they all should be held accountable. I want proof that my work was trashed and proof that Mobee didn’t use anything I submitted that was failed by them. If they used even one photo or one answer to any mission question, I want my money, with interest and an additional amount for trying to make me feel like an idiot as they pocket money from my work.
Somebody take this case please. I am sure you’ll create swarms of happy bees who will provide you with lots of honey!
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Who are these fools wanting to be added to the class action lawsuit which already took place in July of 2019 5 months after it was filed? Are you not realizing the article you’re reading is from February of 2019, the outcome of the settlement which because it didn’t go to trial, doordash agreed to change it to pay model and it did in August of 2019. There’s nothing to be added to
Doordash continues to steal my tips, didn’t pay me my weekly earnings/shuffled payments, didn’t pay for closed merchants, and has violated prop 22. There attorneys have created fake payment documents to try to claim I was paid. But I have documented everything and downloaded all my payments to fight against their fraud. I want to sue them!
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I just want to know when I can get my refunds for over priced cold half eaten smashed food several times chance after chance dasher making pit stops in the opposite direction of the destination also I suffer tramatic thoughts of what could be happin to my food whilst dasher was killing time before the finale good grief i am grossed out screaming for help I’m a hypochondriac I have ocd I thought I could trust door dash ?? ABSOLUTELY NOT EVER
Please add me to class action lawsuit against doordash for stealing money promotional money that I completed the challenge and did not get paid for it