Food Delivery App Served with Class Claims from Delivery Drivers

Elizabeth DiNardo, Esq. | Associate Counsel

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On December 19, 2017, online food-delivery service app, DoorDash.com Inc. (“DoorDash”), served with class claims in Massachusetts court by a delivery driver employed by the company who claims that he and his fellow delivery drivers have been misclassified as contract workers.

Named plaintiff and Massachusetts resident, Darnell Austin, has been employed by DoorDash since October 2016 and argues that the California-based app is in violation of the Massachusetts Wage Act. Austin claims that despite being considered contract workers, DashDrivers drivers must follow the code of conduct laid out by the app, as well as follow instructions from DoorDash about where to report for shifts and where to go to pick up deliveries. DoorDash even reserves the right to fire drivers who are in violation of the rules or who miss shifts. Despite the level of control the defendants have over the drivers, the plaintiff argues that the drivers are not reimbursed for expenses such as gas and vehicle maintenance. Additionally, Plaintiff claims that DoorDash does not pay drivers Massachusetts minimum wage once expenses are taken into account and tips are excluded. Plaintiff points to the fact that the app does not allow for tips to be made with a credit card.

The suit is seeking restitutions for damages in addition to an injunction to stop DoorDash from continuing its unlawful practices.

 The case is: Darnell Austin v. DoorDash.com Inc., Case No.: 17-3098, in the Suffolk Superior Court in the Commonwealth of Massachusetts.

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