Driver's Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver's suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit.

For four months in late 2015 and early 2016, Raef Lawson worked for Grubhub as a food delivery driver in the Los Angeles area. Grubhub classified Lawson as an independent contractor rather than as an employee.

Lawson sued. He argued that he should have been classified as an employee, asserting claims under the California Labor Code for the failure to pay minimum wage and overtime, as well as the failure to reimburse expenses. He sought to represent a class of similarly situated delivery drivers in the state, and sought penalties under the Private Attorneys General Act (PAGA).