We are investigating a Postmates class action lawsuit on behalf of Massachusetts, Illinois, and California drivers concerning allegations that Postmates misclassifies its workers as independent contractors under California labor law and other state labor laws. If they were classified as employees in California, for example, these Postmates drivers would be entitled to guaranteed earnings of at least $12 per hour (plus 100% of tips), and reimbursement of mileage at 58 cents per mile.
Past Postmates Class Action Lawsuits
A previous Postmates class action lawsuit alleged that Postmates workers were misclassified as independent contractors. As employees, the class action lawsuit said, Postmates fleet members are entitled to earn minimum wage, overtime, in addition to all tips and reimbursement for business expenses, such as gas. To read a copy of the complaint, click here.
In 2017, Postmates agreed to settle the lawsuit for $8.75 million. Under the settlement, class members would be paid more money if they lived in a state with more favorable labor laws. Class members in California received a multiplier of 2; Massachusetts a multiplier of 3; NY a multiplier of 1.5; and D.C. a multiplier of 1.5.
Another Postmates class action settled in 2019. That lawsuit, on behalf of plaintiffs who opted out of Postmates arbitration clause, settled for $85,000. The class size was likely small because most Postmates drivers are subject to a binding arbitration clause that requires them to waive their right to participate in a class action lawsuit.
