GoPuff® - Delivery Driver Misclassification Attorneys

There are several differences between workers who are classified as employees and those who are classified as self-employed workers or independent contractors. Unlike an employee, who is given a consistent work schedule, guaranteed a regular wage, and is entitled to benefits, independent contractors typically work under short-term, contract-based jobs. Independent contractors are not entitled to employee benefits and must file and withhold their own taxes. 

In the United States, while every state may have different regulations on minimum wage, under the Fair Labor Standards Act (FLSA), employers are required to pay any workers they employ at least the federal minimum wage of $7.25 per hour. Employers must also abide by current overtime rules, which state that employers must pay their employees "time-and-a-half" wages or 1.5 times the employee's regular hourly wage for all of the hours worked over the national overtime limit of 40 hours per week.

In recent years, to save money and bypass laws, some employers have begun to abuse employee classification by misclassifying their employees as contractors. Those who work in "gig economy" fields, such as rideshare drivers and delivery drivers, are some of the most affected by this issue. Some of the most common examples of why companies misclassify their workers include, but are not limited to, the following:

• Misclassifying employees to avoid paying out minimum wage. 
• Misclassifying a worker to avoid enrolling them in a health benefits plan.
• Misclassifying a worker prevents companies from complying with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

If you believe you are a victim of misclassification by your employer, we highly recommend you speak to a Morgan & Morgan misclassification attorney today.

In Massachusetts, the law imposes a high bar for proving that workers are actually independent contractors. So for companies, that means they need to show that their workers are not under the company's direct control, that they operate under an independent business, and that the workers perform work outside a company's ordinary course of business. When Attorney General Andrea Joy Campbell's office began receiving complaints from former and current workers against the delivery company, they launched an investigation. From their research, Campell discovered GoPuff® had been misclassifying their delivery drivers. 

GoPuff® is accused of the following:

• Misclassifying employees as independent contractors.
• Failing to maintain an earned sick leave policy.
• Failing to furnish suitable pay stubs that included the number of hours worked, hourly rate, and deductions/increases in delivery drivers' pay.

GoPuff® isn't the only company under fire for employee misclassification. Companies like Weee®,  7/11®, Shipt®, Uber®, and more have had lawsuits filed against them for worker misclassification.

Typically in a misclassification lawsuit, victims can seek compensation for any lost wages and lost benefits. Lost wages are the difference between the wages workers received as misclassified workers and the wages they should have received under the proper classification. Lost wages also include overtime pay and minimum wage differences. Lost benefits include, but are not limited to, health insurance, retirement plans, or paid time off for workers who were denied or ineligible to receive them due to their misclassification. While victims of misclassification may be eligible to recover lost wages and benefits, it is best to speak to an attorney who can help fully assess the damages you’ve suffered and guide you through the legal process.

Talking to a Morgan & Morgan attorney might change the trajectory of your case. Over the last 30 years our attorneys have handled thousands of worker misclassification lawsuits, which makes us uniquely qualified to take on your case. When you decide to hire one of our attorneys, they will work with you to ensure you have the best case moving forward. From day one, your attorney and legal team will assess your case, gather the necessary documents or evidence and work with experts to help further validate your misclassification case. If you are a victim of worker misclassification, you don’t have to go it alone. Contact a Morgan & Morgan attorney today to see how we may be able to help you get the justice you deserve.

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Working with a Morgan & Morgan attorney can help you better understand the rights you have as an employee and if the company you are working for has misclassified you in order to keep from providing you the benefits you are legally entitled to. When you contact a Morgan & Morgan attorney, you can rest assured knowing that they will work diligently to ensure you have the best case possible. If you or someone you know has been wrongfully misclassified by GoPuff®, we may be able to help you get the justice you deserve. 

For more information on your misclassification case, you can contact a Morgan & Morgan attorney by completing our free, no-obligation case evaluation form today.