If employer duties towards their “gig” workers, who are now considered independent contractors, must include the full panoply of obligations that they must assume if those workers are considered employees, then the “gig economy” is pretty much out the window. From Tyler Durden at zerohedge.com:
When Raef Lawson filed his $586.56 lawsuit in San Francisco he probably didn’t realize he could potentially end up disrupting the entire ‘gig economy’ that subsidizes a plethora of Silicon Valley tech giants from Uber to DoorDash, but that could very well end up being the outcome.
As Yahoo points out today, Lawson used to be a delivery driver for GrubHub but now he finds himself at the epicenter of an ongoing legal battle over whether 1099 contractors working for firms GrubHub and Uber should really be counted at employees rather than independent contractors.
In a windowless, 15th-floor courtroom in downtown San Francisco last week, GrubHub was defending its 1099 independent contractor employment model for its delivery drivers.
There’s no verdict yet, and there probably won’t be for at least another week. This trial, Lawson vs. GrubHub, is looking to determine whether or not plaintiff Raef Lawson, an ex-GrubHub driver, was misclassified as an independent contractor while delivering food for GrubHub.
Lawson’s lawyer, Shannon Liss-Riordan (pictured below), has spent a good chunk of time in this trial focusing on the amount of control she perceived GrubHub to have over Lawson during the time he delivered food for them. She’s trying to prove that Lawson’s employment met the conditions of the Borello test, which looks at circumstances like whether the work performed is part of the company’s regular business, the skill required, payment method and whether the work is done under supervision of a manager. The purpose of the test is to determine whether a worker is a 1099 contractor or a W-2 employee.
To continue reading: This $586.56 San Francisco Lawsuit Could Destroy The Entire ‘Gig Economy’