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The popular food delivery service company GrubHub has been hit with a wage and hour lawsuit by its drivers, who work as contractors.
The GrubHub contractor lawsuit alleges that these workers are misclassified as independent contractors when they should actually be considered employees, and given the benefits that employees are entitled to under federal and state labor laws.
The GrubHub contractor lawsuit was brought by plaintiffs Broderick B., a current driver for GrubHub, and Carmen W., who stopped driving for the company in March 2017. According to their lawsuit, GrubHub mislabeled its drivers as contractors, even though the delivery service controls their work.
“Although classified as independent contractors, GrubHub delivery drivers are employees under federal and state law,” argues the complaint. “GrubHub directs the delivery drivers’ work in detail, instructing drivers where to report for their shifts, how to dress, and where to go to pick up or await deliveries.”
Indeed, the GrubHub contractor lawsuit claims that the work conditions of these drivers make them clearly employees rather than contractors. For instance, drivers work on scheduled shifts, and they are required to stay within a certain area. “The drivers as a general matter cannot engage in personal non-work activities during their GrubHub shifts,” the complaint states, meaning that they essentially function as employees.
However, they allegedly do not receive the same benefits that an employee does. GrubHub drivers are allegedly required to pay many of their own expenses, such as gas and transportation. Because of how they’re paid (a flat fee for each delivery), the plaintiffs claim they may often be paid below federal or state minimum wage, even when they work full time. Many drivers allegedly work more than 40 hours a week, but do not receive overtime rates for this work.
Broderick and Carmen filed their GrubHub contractor lawsuit on behalf of themselves and all others in a similar situation.
According to the GrubHub contractor lawsuit, the company violated a number of FLSA and Illinois laws by failing to pay overtime and failing to pay minimum wage. The plaintiffs filed their class action GrubHub contractor lawsuit on June 29, 2018, in the U.S. District Court for the Northern District of Illinois.
Misclassifying workers like GrubHub delivery drivers as independent contractors allows a company to avoid paying minimum wage, overtime pay, health benefits, insurance, and social security costs. Workers improperly classified in this manner may feel like they have no way to stand up for themselves, but they may be able to pursue litigation.
Filing a Driver Misclassification Lawsuit
There are federal and state labor laws put in place to protect workers from being misclassified as independent contractors when they should be considered employees. Similar misclassification lawsuits have been filed against other companies by nail salon workers, Uber drivers, and many others.
If you have worked as a delivery driver for a company you believe misclassified you as an independent contractor, such as GrubHub, you may be able to file an individual lawsuit or join a wage and hour class action lawsuit. Filing a lawsuit can help you recover wages that would be owed to you as an employee.
The GrubHub Contractor Lawsuit is Case No. 1:18-cv-04538, in the U.S. District Court for the Northern District of Illinois.
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19 thoughts onGrubHub Contractor Lawsuit Filed Over Failure to Pay Proper Wages
Grub hub never delivered my food
I need to be part of this lawsuit I drove for grub hub almost two years ending in June 2019
And I asked for a wage earnings sheet for 2019 today and they told me your a contractor and we don’t issue pay stubs….
How can I get information on join this class action lawsuit
I am working for grub hub now and they dont even pay me minimum wages i only get mileage pay less than a third of the amount of the order.
You should go after Mr. Delivery aka Delivery.com. I had to file a claim against them through the state of Oklahoma wage and hour. They rip their drivers off. They are so crooked. They use a company called DDI in California to do thier accounting. Just to keep thier distance.
How do I join the lawsuit? Which law firm is handling it? been doing it since March 17, 2016. They would owe me a lot of money
Grubhub Driver Care support attempted to force me into unpaid slave labor under threat of reprimand of negatively affecting my acceptance rate which affects how much orders I receive from them.
They did this because an app error caused a duplicate order, 1 $6 payout, add on duplicate $2 payout. They removed the $6 and attempted to force me to work the $2 pay out. They acknowledged the problem, but stated there’s nothing they could do. When I countered that they are not honoring the contract I agreed to for the $6 offer they demanded I return to the restaurant, unpaid work, and that advised that they would hit me with a negative rating.
They keep shorting me on the milage and wages. Im scheduled hours to work and no deliveries for two hours. They say i made this much. Then third hour get a order to pick up and they take away that pay out of the two hours they said i was being paid
I agree they dont want to pay me right now because demand got slow so they restricted blocks for me so i wouldn’t get guarantee
It’s Illinois! That explains it all! The Mafia owns Illinois!
Grubhub is a slamdunk case. A gross abuse of wage hour labor laws. A very close look needs to be taken at what’s been going on at Grubhub, modern day slave drivers. 100% criminal.