"Game Change":
Court Holds "Gig" Courier to be an Employee (Not an
Independent Contractor) Entitled to Unemployment
Compensation
Will Ruling Retroactively Apply?
In a landmark decision, Matter of Vega (Postmates Inc.
Commissioner of Labor)[March26, 2020], the Court of Appeals
addressed the question of whether or not a deliveryman—who
was free to make his own hours, choose what assignments to take and
was also available to work for others—was an employee or an
independent contractor. The issue arose in the context of a claim
by a courier for unemployment compensation.
Question: Was the decision of the Unemployment Insurance Appeals
Board that a former Postmates, Inc. courier, and others
similarly-situated, were employees for whom Postmates was required
to make contributions to the unemployment insurance fund supported
by substantial evidence.
