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News

Labor/Employment

Aug. 13, 2020

San Francisco DA Chesa Boudin seeks to enjoin DoorDash from misclassifying its delivery workers

San Francisco DA Chesa Boudin seeks to enjoin DoorDash from misclassifying its delivery workers

San Francisco DA Chesa Boudin filed a request for preliminary injunction Wednesday to halt DoorDash's classification of delivery workers as independent contractors.

"We are seeking an immediate end to DoorDash's illegal behavior of failing to provide delivery workers with basic workplace protections," Boudin said in a statement Wednesday. "All three branches of California's government have already made clear that these workers are employees under California law and entitled to these important safeguards. The failure to provide these workers basic protections puts them at risk, particularly during the COVID-19 pandemic."

The motion came two months after Boudin sued the delivery service to enforce California's gig worker law. DoorDash, along with Uber and Lyft have openly defied Assembly Bill 5 since it went into effect in January. Boudin said DoorDash's misclassification of delivery workers as contractors rather than employees robbed them of crucial workplace protections and worker safety-net benefits. People of the State of California v. DoorDash CGC20584789 (S.F. Super. Ct., filed June 16, 2020)

Boudin's suit targeting DoorDash mirrored efforts by Attorney General Xavier Becerra and San Francisco City Attorney Dennis Herrera, who sued Uber and Lyft in May alleging misclassification of drivers under AB 5. Los Angeles City Attorney Mike Feuer and San Diego City Attorney Mara Elliot are also plaintiffs in that case. People of the State of California v. Uber, Lyft CGC20584402 (S.F. Super. Ct., filed May 5, 2020). Earlier this week, San Francisco Superior Court Judge Ethan P. Schulman issued a preliminary injunction requiring the companies to comply with AB 5. Uber filed an ex parte application Wednesday asking to stay the preliminary injunction pending appeal.

-- Gina Kim

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Gina Kim

Daily Journal Staff Writer
gina_kim@dailyjournal.com

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