Update (1:40p ET, 9/8): This post has been updated with information from Lawson's re-direct testimony, as well as a This post has been updated with information from Lawson's re-direct testimony, as well as a transcript (PDF) with that testimony.

The sole plaintiff going to trial over his treatment in the "gig economy" has a serious problem. Under cross-examination yesterday, former GrubHub deliveryman Raef Lawson admitted that he lied on his applications to GrubHub, got paid for shifts he barely worked, and took steps to avoid doing some deliveries.

Lawson also acknowledged that, before applying to GrubHub, he consulted with his attorney, who has specialized in lawsuits against so-called "gig economy" companies, like Uber and Lyft. These companies typically provide workers with part-time work and flexible shifts but few other benefits. And Lawson was fired from another gig economy platform, Postmates, which directly accused him of fraud.

Lawson, an aspiring actor who made ends meet with various day jobs, sued GrubHub in 2015 . He said that he should have been classified as an employee, not a contractor. He's suing for back wages and overtime. A magistrate judge denied class-action status to Lawson's case, but Lawson and his lawyer have persisted, despite having a total damage claim that amounts to less than $600, and they are now at trial in San Francisco. A win for Lawson could set the stage for future, bigger litigation wins against GrubHub and other gig economy companies.

There's a substantial body of law about the definitions of employee and independent contractor, but Lawson v. GrubHub is the first case that will result in a judicial ruling on whether a gig economy worker is an employee or an independent contractor.

Under California law, employees are entitled to minimum wage, overtime, meal periods, and rest breaks. In addition, employees are entitled to have their employers pay for workers' compensation insurance, unemployment insurance, disability insurance, and part of their social security. Those payments aren't required when workers are independent contractors.

While many US workers choose to be employees because they get health benefits, there's no legal requirement that any business provide health care to its employees. Under the federal Affordable Care Act, businesses with more than 50 employees must pay a tax penalty if they don't offer health care.

The line between contractor and worker isn't a bright or clear one, which is one of the reasons Lawson's case is expected to be a two-week trial. Many of the factors involve control over elements of one's work life, including scheduling.

“They’re taking advantage”

Over the course of Tuesday and Wednesday, Lawson took a few hours of direct questioning from his lawyer, Shannon Liss-Riordan. During that time, Lawson explained that he felt compelled to take every order that GrubHub offered him so that he wouldn't get de-activated. If he didn't get an "acceptance rate" of at least 75 percent, he wouldn't get paid the "true-up" guaranteed rate, which was $15 in 2015.

Lawson said he believed there were "ghost orders" that showed up on his pay orders, but they were never sent to him on the app as a result of an "app glitch" or poor reception.

He also testified that he did work for Postmates and Caviar, and that he was afraid of managers at GrubHub finding out about it. Being active on multiple platforms was explicitly authorized by GrubHub's driver contract, but Lawson said he didn't know that because he hadn't read the contract closely when he signed it.

In early 2016, Lawson was terminated from the GrubHub platform. "We notice you have not been able to receive orders and have not provided delivery services during the blocks you signed up for," read the e-mail from GrubHub management. "You are being notified that GrubHub is terminating your agreement, effective immediately."

At the end of that testimony, Lawson said that he has also filed worker misclassification claims against other "gig economy" companies as well. "Why have you done that?" asked his lawyer.

"Because I think they're taking advantage of people like me," said Lawson. "We need to work, need to pay rent, and they give us a little flexibility. Then they deny we're employees so they can get around wage laws, like paying overtime and reimbursing expenses... I don't think that's right."

“Not denying it, not confirming it.”

GrubHub lawyer Michele Maryott began her cross-examination by asking Lawson about the online contract he signed with GrubHub. He had sent an e-mail to the company specifically to opt out of arbitration—and yet he also said he hadn't really read the contract.

"How did you know there was an arbitration provision in the agreement if you didn't read it?" Maryott asked.

"I think I skimmed parts of it," Lawson said.

"You read parts, but you don't know which parts?" Maryott said.

"I don't know which parts," Lawson said.

In another part of the contract, Lawson signed that he understood he was creating an independent contractor relationship. In GrubHub's legal lingo, he was a "primary delivery-service provider," or PDSP.

"Did you think it was OK to lie to get what you wanted?" Maryott asked.

"I wouldn't phrase it that way," Lawson answered.

"You wanted to get a job as an independent contractor, and you lied to try to accomplish that?"

"I didn't have a choice, so I guess, yes," he said.

"You agreed that, if your relationship was something other than an independent contractor relationship, you would notify GrubHub of that, right?" Maryott asked, pointing to another spot on the contract where Lawson had initialed.

"Yes," Lawson said.

Maryott: But you never notified anyone? Lawson: As I said during deposition, I believed I did. Maryott: Did you ever contact anyone at GrubHub and notify them you believe the relationship had changed? Lawson: No. Maryott: You specifically notified them it was your intention to opt out [of arbitration] within 30 days of acceptance of the new agreement? Lawson: Yes. Maryott: But you didn't tell anyone you believed the relationship had changed? Lawson: No. Maryott: And then you became a plaintiff in this lawsuit 10 days later? Lawson: I don't remember the date.

Lawson said that GrubHub started to "rub him the wrong way" around November 2015 and that, when he would "toggle" the app on to indicate he was available for work, he would get sent more orders than he wanted. Then Maryott entered into a line of questioning about when he first established a relationship with his lawyer.