Calif. Independent Contractor Lessons From Grubhub Suit

By: Esra A. Hudson
– Law360

Manatt Employment and Labor Partner Esra Hudson and Litigation Associate Marah Bragdon wrote an article for Law360 on recent litigation in California addressing the employment status of gig workers, and explored lessons for independent contractors in light of the Lawson v. Grubhub Inc. decision. 

In the article, the authors discussed the recent Northern District of California court decision, which, on appeal, held that a former driver for Grubhub is classified as an employee. This decision reversed the case’s original 2017 opinion, which held that this same driver was an independent contractor. “On remand, the district court held that the business-to-business exemption did not apply and, under the ABC test, Lawson was an employee,” the authors noted.  

Hudson and Bragdon went on to explain various issues this complaint highlighted—including the business-to-business exemption and the merits of minimum wage and overtime claims—and offered key takeaways for companies to consider following this development.  

Law360 subscribers can read the complete article here.  



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