Workers are traditionally classified as either employees or independent contractors. Gig economy workers are generally classified as independent contractors by the companies. However, we have recently seen both the Courts and state legislatures struggle with this dichotomy as it is applied to gig economy workers, who primarily work as rideshare or delivery drivers.  

On March 30, 2023, a federal district judge for the Northern District of California in the case Lawson v. Grubhub Holdings Inc., Case No. 3:15-cv-05128, ruled that a Grubhub delivery driver is an employee, not an independent contractor, for minimum wage and overtime claims, under the ABC test. 

Listen to this week's episode for the details on this ruling.