WE FIGHT WAGE THEFT!
Why I filed a Labor Complaint against Instacart
OUR MISSION
Gig Justice empowers gig workers to take legal and financial control of their work. We provide tools, guidance, and collective support to help app-based workers misclassified as independent contractors recover unpaid wages, challenge unfair deactivations, and hold tech platforms accountable.
"WHILE INDEPENDENT CONTRACTORS HAVE AN IMPORTANT ROLE IN OUR ECONOMY, WE HAVE SEEN IN MANY CASES THAT EMPLOYERS MISCLASSIFY THEIR EMPLOYEES AS INDEPENDENT CONTRACTORS, PARTICULARLY AMONG OUR NATION’S MOST VULNERABLE WORKERS. MISCLASSIFICATION DEPRIVES WORKERS OF THEIR FEDERAL LABOR PROTECTIONS, INCLUDING THEIR RIGHT TO BE PAID THEIR FULL, LEGALLY EARNED WAGES." SECRETARY OF LABOR MARTY WALSHLINE
Everything you need to know
Misclassification of Employees as Independent Contractors
Many workers across the nation are wrongfully classified as independent contractors by gig economy giants when, by law, they should be considered employees. This misclassification hugely benefits tech companies at the expense of workers who are stripped of legal protections, including minimum wage, unpaid leave, overtime pay and reimbursements for work related expenses. Without these protections gig workers are deprived of an opportunity to live in dignity and succeed.
Who is an Employee and who is an Independent Contractor?
Just because you signed a contract with Uber or Instacart that labels you as an independent contractor and you agreed, doesn't mean you are not an employee under the law, which means these companies might owe you fully legally earned wages and reimbursements for work-related expenses.
There are several factors used by the Courts to determine if a worker is an employee and if an employer-employee relationship exists. Let's take a look at the most important factors in the case of gig workers:
- An Independent Contractor performs services FREE FROM:
- Supervision
- Direction and
- Control
It does not matter if the services are full time, part time, or on a casual basis. If these apps supervise, direct and control your services, an employer-employees relationship exists.
Am I an Employee?
Based on Court decisions, an employer-employee relationship exists when an employer:
- Tells, when, where and how to do the job
- Directly supervises the job
- Sets the rate of pay
- Makes the services an integral part of the business
- Supervises unskilled labor
- Evaluates job performance
How we can help you.
If you are a delivery driver for a big Tech company and believe you are owed wages and benefits you earned, we can help you recover your money! We have created a user-friendly process to help you take action and claim your unpaid wages. Download our assistance package with easy to understand instructions, pre-filled official forms that will save you time, a guide to calculate your lost wages, and additional documentation to strengthen your claim!
Delivery Workers' News
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Biden Administration issues rule that could curb gig work, contracting
READ MOREThe U.S. Department of Labor on Tuesday issued a final rule that will force companies to treat some workers as employees rather than less expensive independent contractors, in a move that has riled business groups and will likely prompt legal challenges.
The rule is set to take effect on March 11.
Author: Daniel Wiessner, Reuters
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They’re playing dirty’: inside delivery apps’ pushback against tips after New York raises wage
READ MORESince New York City's new minimum wage law took effect, delivery apps have made it harder for customers to tip. While it's unclear why the gig companies removed tipping pre-delivery, some believe it's retribution to punish the workers for organizing for the passage of these laws. Author: Wilfred Chan, The Guardian.
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Food Apps Get Fresh Pause on Delivery Minimum Wage
READ MOREAdvocates for Grubhub, Uber and DoorDash workers estimate $15 million a week in lost pay as city law gets appealed.
Author: Claudia Irizarry Aponte, The City
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Court Clears Minimum Hourly Pay for NYC Food Delivery Workers
READ MOREJudge affirms city rules mandating at least $17.96 an hour before tips for Uber, Grubhub and DoorDash workers, clearing New York as the first major U.S. city with a guaranteed driver wage.
Author: Claudia Irizarry Aponte, The City
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Instacart shares end up 12% on debut after initial pop
READ MOREThe IPO of San Francisco-based Instacart, which is incorporated as Maplebear Inc, was priced at the top end of its $28 to $30 price range, raising a total of $660 million, of which $237 million will go to investors who sold their shares in the offering.
Author: Niket Nishant and Noel Randewich, Reuters
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Life in the Gig Economy: The Instacart and DoorDash shopper who feels like a company pawn
READ MOREEthan Dent is a 26-year-old who has done delivery for DoorDash and Instacart for a year in Ohio. This is what the experience has been like, in Ethan’s own words. Author: Jessica Bursztynsky, Fast Company.
Instacart doesn't disclose pay breakdown
Instacart shoppers are questioning the fairness of their pay, given that the company does not provide a transparent breakdown of their earnings. Are Instacart shoppers accepting work under false pretenses?