Human Resource 1 of 15

1. Under the authority of CA’s former worker classification law established in the Borello case, should the plaintiff-driver in Grubhub be classified as a contractor or an employee? What part of the Borello test do you rely on?
Based upon the information presented, all drivers of Grubhub should be classified as employees based on the following factors. First, drivers are a significant part of Grubhub’s regular business model. Next, drivers are paid for time-based Grubhub’s providing a set minimum salary with added payments for drivers’ deliveries. Lastly, Grubhub is a distinct occupation based on Grubhubs business structure. There is an exchange, and the platform links drivers with delivery opportunities.
Answer Question (2)
2. Under the current CA worker classification test established by the Dynamex case and ABC, does your answer in Part 1 above change or stay the same? Why?