Grubhub class action lawsuit overview:
- Who: Plaintiff Antonio Morris filed a class action lawsuit against Grubhub Inc.
- Why: Morris claims Grubhub misclassified drivers as independent contractors, failed to pay minimum wage and unlawfully collected biometric data through facial scans.
- Where: The class action lawsuit was filed in Illinois state court.
A new class action lawsuit accuses Grubhub of misclassifying delivery drivers as independent contractors while also unlawfully collecting biometric data through facial scans.
Plaintiff Antonio Morris claims Grubhub’s pay structure caused drivers to earn less than Illinois’ minimum wage while requiring them to submit facial scans through the company’s app without obtaining legally required consent.
According to the complaint, Morris has worked as a Grubhub driver in Cook County since 2022 and alleges the company exercised significant control over drivers through its app and code of conduct.
The class action lawsuit claims Grubhub failed Illinois’ ABC test for independent contractor classification because delivery work is central to the company’s business and drivers allegedly do not operate independent delivery businesses of their own.
Morris claims Grubhub paid drivers on a per-delivery basis using rates set solely by the company, resulting in some drivers earning below minimum wage for total weekly hours worked.
The complaint also alleges Grubhub failed to reimburse drivers for expenses, such as gasoline, vehicle maintenance, auto insurance and cellphone data costs required to perform deliveries.
Grubhub allegedly collected biometric data without consent
The class action lawsuit further accuses Grubhub of violating Illinois’ Biometric Information Privacy Act (BIPA) through its driver identity verification practices.
According to the complaint, Grubhub required drivers to upload photos of their driver’s licenses during onboarding and periodically submit selfies through the app while on the job.
Morris alleges the company used the images to conduct facial geometry analysis without providing written disclosures explaining the purpose or duration of the biometric data collection or obtaining written consent from drivers.
The complaint further claims Grubhub shared drivers’ biometric information with third-party service providers involved in identity verification without authorization.
Under the BIPA, companies collecting biometric information are generally required to provide notice and obtain written releases before gathering such data.
Morris seeks to represent a class of current and former Grubhub drivers in Illinois who were classified as independent contractors, along with a separate class of drivers whose faces were allegedly scanned during the company’s identity verification process.
The class action lawsuit seeks statutory damages of $5,000 per intentional or reckless biometric privacy violation and $1,000 per negligent violation.
Earlier this year, a consumer sued Grubhub, alleging it failed to safeguard the personally identifiable information of customers and drivers affected by a 2025 data breach.
What do you think about these claims against Grubhub? Let us know in the comments.
The plaintiff is represented by Michael L. Fradin of Fradin Law LLC and James L. Simon of Simon Law Co.
The Grubhub class action lawsuit is Morris v. Grubhub Inc., Case No. 2026CH04452, in the Circuit Court of Cook County, Illinois.
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