Dynamex decision should be retroactive for GrubHub: Gerald Sauer’s article in The Daily Journal

GrubHub reclassification should be easy as ABC

Although Dynamex retroactivity is not guaranteed, the likelihood that an exception would be granted is about the same as winning the lottery.

by Gerald Sauer

Timing is everything. When a California district court ruled last February against GrubHub driver Raef Lawson’s contention that he and other drivers were misclassified as independent contractors, the state Supreme Court was two months away from issuing its landmark ruling in Dynamex Operations West Inc. v. Superior Court (April 30, 2018).

Lawson was thus deprived of the right to seek minimum wage, expense reimbursements and overtime to which he would have been entitled as an employee. With his request for remand denied on appeal, he sought reconsideration, asking the court to issue an indicative ruling or “at the very least state that the application of Dynamex in this case raises a substantial issue.”

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