9th Circuit Issues Mixed Ruling Regarding Independent Contractor Classification

November 18, 2021 | From HRCalifornia Extra

by Christina Baggett, J.D.; Associate Legal Counsel, Employment at Facebook

You win some, you lose some.

That was the general sentiment amongst app-based ride service and delivery companies following the 9th Circuit’s decision in Raef Lawson v. Grubhub, Inc. No. 18-15386 (September 20, 2021). In a mixed ruling, the 9th Circuit partly dismissed, partly upheld and remanded back to the district court a former Grubhub driver’s claim that he was misclassified as an independent contractor. The court also ruled that Proposition 22 does not apply retroactively.

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