Heba Elsherif  |  June 14, 2018

Category: Labor & Employment

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Postmates Contractor Class Action Lawsuit Filed Over Inappropriate CategorizationA Postmates contractor class action lawsuit has been filed by a woman accusing the company of inappropriately categorizing her as an independent contractor instead of an employee.

Plaintiff Dora L. filed the Postmates contractor class action lawsuit in California federal court. As a class action lawsuit, Dora files the complaint on behalf of all those similarly situated.

Dora says that she was hired by Postmates as a driver. Postmates is a San Francisco-based delivery service company that offers its customers the ability to pay once for delivery service and receive free delivery for the year. Dora says she had driven for Postmates at different times over the course of the year.

According to the lawsuit, Postmates inappropriately categorized Dora as an independent contractor. Dora alleges that, under California law, she should have been classified as an employee.

The Postmates contractor class action lawsuit alleges that without the full integration of their couriers in the usual course of business as a delivery service, Postmates would fail to exist and function. The drivers or couriers, like Dora, are also not engaging in their “own delivery business,” says the complaint. Dora also argues the company  “maintains the right of control over the couriers’ performance of their jobs and exercises detailed control over them.”

According to the Postmates contractor class action lawsuit, Postmates also plays a very direct role in the communication of service between its customers and couriers and that, based on customer feedback, the company may terminate or suspend its drivers. Dora argues these are all factors that point to Postmates drivers being employees, not independent contractors, under California law.

Overview: Postmates Contractor Class Action Lawsuit

A new ruling by the California Supreme Court more accurately describes how to classify a worker as an independent contractor or employee under the state’s wage and hour regulation laws.

Gig business includes companies like Postmates, Uber, Lyft, Grubhub, Instacart, Caviar, Bellhop, Dolly, DogVacay, Handy, ParkingPanda, and Closet Collective. By classifying workers as independent contractors, companies like this save themselves significant expenses.

These expenses include unemployment insurance, workers’ compensation, payroll taxes, and paying other expenses. Other expenses they become exempt from paying include offering health insurance, paid time off, retirement plans, and minimum wage or overtime.

Employment laws require workers classified as employees to be paid overtime pay, be reimbursed for expenses, minimum wage, and be provided meal and rest breaks. Independent contractors do not qualify for these protections.

A California gig economy class action lawsuit investigation is currently being conducted, looking for individuals like Dora who may have been classified inappropriately as independent contractors. If you work for a gig economy company and have been classified as an independent contractor, you may be eligible to join in a gig economy independent contractor lawsuit and be entitled to employee rights.

The Postmates Contractor Class Action Lawsuit is Case No. CGC-18-566394, in the Superior Court of the State of California, for the County of San Francisco.

Join a Free California Independent Contractor Class Action Lawsuit Investigation

If you work as an independent contractor in California for a gig economy company, you may be entitled to employee rights.

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10 thoughts onPostmates Contractor Class Action Lawsuit Filed over Inappropriate Categorization

  1. Fred G Muffelman says:

    I work(ed) for Postmates since October 2018, I also joined Uber Eats prior to their merger. I have been suspended from Uber Eats because I used a motorized bicycle (1 cylinder). Their reason for suspension was going over 25mph. I have a 98% customer satisfaction rating with Uber Eats out of 398 deliveries. Now that Postmates is under uber eats I can no longer deliver with Postmates because of my suspension; I was never suspended from Postmates. I actually totalled 911 deliveries with Postmates. Also Postmates have a pattern of missing tips for most deliveries under $4.00.
    All of this is unfair. What can be done?

    I’ve tried every way possible of signing into my Postmates and uber eats apps. Now I can’t make money, I also happen to have major depressive disorder for 25+ years, and all this is making my condition worse.

  2. Cathy says:

    Please add me, I work for Postmates. I love my job but it hired me as a driver but I am classified as an independent contractor.

  3. melissa D fowler says:

    I worked with them for almost a year I loved it yall it was my every day store and gas my milk and bread and kids money and could bring them along as well it was a wonderful job for a mom until they fired me with no reasonings really and no proof of anything I was so baffled and still am and for that I hate postmates

  4. NICOLE DRAMIS says:

    Add me

  5. Amber Lawrenz says:

    If there’s one in Oregon I agree with this lawsuit and am employed …”independent contractor “ of said company.

  6. Millard thomas says:

    I am in NYC and I want to join this class action. As an “independent contractor” postmates drops the pay rate and bonuses, without warning or letting us know why, based on their business slowing down during certain seasons. This doesn’t seem correct because their profit margins remain the same and our payout should also remain the same because we are also effected by the slowdown. Every company has up and down seasons and this doesn’t effect their pay only their individual performance effects their pay. So basically we have to pay twice so that their earnings stay up. Plus if you don’t opt out of the “arbitration agreement” you can ask over and over again how to take them to arbitration and no one will tell you

  7. James McQuitty says:

    I would like to join this class action lawsuit. I was recently scammed out of my money in my postmates Fleet App and got roughly $30 taken from me by a scammer posing as a postmates representative who provided full name and badge number? “Marcus Scott B27386” and I had no way to prove this as being fraudulent or correct. Postmates has no way of contacting their customer support and they make you jump through hoops and dodge any form of contact with us. This company is a scam. I recently purchased “fleet gear” from them and they didn’t fulfill my complete order so they stole money from me again and gave me nothing in return. I’d like to file a lawsuit against postmates Fleet, there are so many of us who work for them that are being taken advantage of and we deserve reparations.

    1. Russell Scribner says:

      My name is Russell and believe it or not but the same incident happened to me not to long ago and Postmates has yet to reimburse me the guys name was Marcus also and he identified himself as a Postmates Associate asking all these bizarre questions and when I finally got in contact with them they said there was nothing they could do.

  8. Christi Rowe says:

    I’m in Las Vegas, nv. Postmates is aware that there are people tricking drivers on routes into thinking that postmates representatives are calling to investigatethat drivers are actually on the routes and not someone else. While authenticating you and your account, the accounts are hacked and your pay is stolen. Postmates is aware of this and are not doing anything to help the drivers. There is no live support to report it immediately and you have to contact via email which takes 24-48 hours before someone responds. I was told 3-27-19 that they will investigate the incident on 3-24-19. They still have not responded and my pays have been processed but not too my bank account. I’m not the first and I’m not the last. My husband had this happen to him within minutes of me. Is there anything we can do to have them create a more secure system for our pay? There’s nothing threat they have to safeguard our accounts and they’re not taking any accountability to prevent this from happening.

  9. Nehemiah Lucas says:

    Can I join this class action lawsuits from Denver? Also door dash is way worst, their pay in Denver is 1.50 per delivery and anything else you make is just the tip people give you before hand, but you can’t decide a order with a tip that is to low because you’ll get fired.

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