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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17 thoughts onGrubhub sued over alleged wage theft, unlawful facial scans of drivers
add me
First off, I’m glad to see that some of us drivers are finally trying to take on the big head honchos of these corporations. Unfortunately this class action lawsuit only seems to include drivers who lived in or worked in the state of Illinois during the time period that is described in the class action.
I live in Michigan, and I worked in Michigan for a number of different courier companies and grocery shopping companies. I started doing this in early to mid 2020. Needless to say I’m a bit of a veteran in the fields by this point.
I wish these lawsuits would include drivers from all the states! So… what do we have to do to get class actions like this one started up in each individual state?
Include me
Thank You I was even in a”Facebook group” where all we do is complain about Grub Hub. But it went absolutely nowhere. It was just to complain and vent!
Add me I worked for them also
I 100% agree with this law suit. I worked with Grub hub Everytime we wanted to accept a delivery we had to do the facial scan. The interruptions while we worked asking us to take face scans as well were way out of line. The pay was well below minimum wage some deliveries paid as low as four dollars. As a matter of fact several deliveries were as low as four and five dollars not giving the driver’s equal deliveries they had the individuals they paid high and the employees they paid low. Don’t know what the criteria was for this non sense was but a big number of my of o workers had the lower end. Also we were not allowed to say we worked for GH. We were considered independent drivers who were self employed and we could not get compensated for gas, mileage, car care, we were to pay our phone bills ourselves with absolutely no help from the company and put off the platform if you have issues concerning these problems mentioned above