A California man recently filed a misclassified employee lawsuit against a mobile food delivery service alleging DoorDash routinely underpays its workers.

The plaintiff, a DoorDash delivery driver, alleges the company has misclassified him and other drivers as independent contractors instead of employees. Because of this misclassification, he alleges, the company does not adequately compensate its workers for their time on the job, which would be the federally-mandated minimum wage.

According to his lawsuit, the plaintiff worked for DoorDash since October 10, 2018. He and other DoorDash drivers — known as Dashers — were not paid an hourly wage or salary. Instead, they received the delivery fee that customers pay via the DoorDash app. Dashers are also paid any gratuity customers may choose to give.

While he is classified as an independent contractor, the plaintiff claims that he should be considered an employee under the Fair Labor Standards Act (FLSA). He notes that DoorDash, not the customers, determines the delivery fee customers will pay. The customers are provided through DoorDash, and the company requires its Dashers to comply with its rules, regulations, policies, and procedures.

On top of the lack of minimum wage, Dashers are also not reimbursed for the cost of owning/leasing a vehicle or the cost of maintenance or fuel.







The plaintiff filed the misclassified employee lawsuit on August 23, 2019, in the U.S. District Court for the San Francisco Division of the Northern District of California.

Included class members are DoorDash delivery drivers misclassified as independent contractors who worked for the company any time beginning three years before the lawsuit was filed until the date of the court’s final determination.

In 2017, TechCrunch reported that DoorDash agreed to pay $5 million to settle another misclassified employee lawsuit that also accused the company of misclassifying its delivery drivers as independent contractors.

Filing a Misclassified Employee Lawsuit

The discussion of independent contractor versus employee classification for gig economy workers has been ongoing. Some have proposed creating a third classification for these kinds of workers, which would provide its own set of rules and benefits, somewhere in between those provided for employees and those provided for independent contractors. According to the Wall Street Journal, there’s a proposal in New York state called the Dependent Worker Act which could create this new classification.

If you have been misclassified as an independent contractor when you should be considered an employee—and therefore provided with the minimum wage, overtime, breaks, and benefits that go along with this classification—you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.







The Misclassified Employee Lawsuit is Case No. 3:19-cv-05279, in the U.S. District Court for the San Francisco Division of the Northern District of California.