On-demand workers in California: Who’s affected?
Did you book jobs through Instawork, Nowsta, Qwick or Tend in California from 2019 through 2022? You may have been misclassified and may be owed certain benefits.
California protects on-demand workers, independent contractors, temporary and gig workers from hiring practices that deny them their legal rights to certain benefits, such as overtime, meal breaks and health insurance. If you booked jobs through Instawork, Nowsta, Qwick or Tend in California, your worker status may have been misclassified, and companies may have profited from your work by not providing you with reimbursements or other benefits to which you were entitled.
Misclassification of workers is illegal, and California is particularly harsh with companies that attempt to skirt employment law.
Companies flout the California law and the federal Wages and Fair Labor Standards Act using words in contracts such as “independent contractor” or “independent business partner” in ways that might obscure the fact that you are, even temporarily, an employee entitled to the same benefits as any other worker on staff. Such illegal practices were exacerbated by the change of work habits during Covid and may signal a prevalent problem to people in the workforce. Some companies may go so far as to insist that most of their labor is supplied by independent workers not subject to benefits.
For example, if you are classified as an independent contractor or worker, that may be a misclassification if you have a “district manager” or other supervisor who reviews your work or threatens to discipline you, have set territories, have specific days and hours to work, or are subject to an “operations manual.” Under these and other circumstances, you may be entitled to such benefits as:
- Reimbursement for fuel, mileage, equipment, losses and other expenses
- Protection against deductions (such as recurring fees like storage and warehouse fees, charges for supplies, and charges for lost or stale products)
- Overtime pay
- Wages for all hours that you work
- Rest and meal breaks
- Sick pay
- Health insurance
- Disability Insurance
- Life Insurance
- Paid time off
Do you qualify?
If you were employed through the Instawork, Nowsta, Qwick, or Tend websites and were forced to sign a contract or a 1099 tax form that classified you as an independent worker when in fact you were subject to the same rules, demands, hours and responsibilities as a staff member, you may qualify to participate in a lawsuit investigation and receive money in addition to what you have already been paid.
To join this class action lawsuit investigation you:
- cannot have worked at a company more than one year before making a complaint.
- have a complaint about work you did in 2019 through 2022.
Please fill out the form on this page for more information.
Join a wage and hour class action lawsuit investigation
Instawork Nowsta, Qwick, or Tend in California may have misclassified you as an independent contractor to avoid having to pay you required benefits. You may also be entitled to receive benefits and pay in addition to what you have already received.
Please fill out the form on this page to see if you qualify for a FREE case evaluation.
See If You Qualify
Join a wage and hour lawsuit investigation
Filling out this form is quick and easy. It only takes a few minutes to see if you qualify.
After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.
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