(Reuters) -

GrubHub Inc has told a U.S. appeals court that a recent California Supreme Court decision adopting a new test for weighing worker misclassification claims should not upset a federal judge’s ruling that its delivery drivers are independent contractors and not the company’s employees.

GrubHub’s lawyers at Gibson Dunn & Crutcher in a letter filed with the 9th U.S. Circuit Court of Appeals on Monday said that applying the state Supreme Court’s May decision in Dynamex Operations West Inc v. Superior Court would violate GrubHub’s due process rights, since a trial in the case wrapped up months before the Dynamex ruling came out.

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