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GrubHub Driver Found to Be Independent Contractor, Not Employee


Todd Scherwin and Andrew Hoag’s article “GrubHub Driver Found to Be Independent Contractor, Not Employee” was featured on the SHRM website. In the article, they discuss the Lawson v. GrubHub recent ruling and its impact on employers. 

Lawson is valuable for employers because it presents a case where a court found a gig economy worker an independent contractor who is not afforded the rights and privileges proscribed by an employment relationship. Although the court found that the plaintiff was not an employee, employers should take a cautionary note as the court found many of the Borello factors suggested an employee relationship, and the court's decision was based, in part, on its finding of the plaintiff's lack of credibility. The court found that he manipulated the driver app so that GrubHub would sometimes pay him for doing nothing. 

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