Labor/Employment,
Civil Litigation,
California Courts of Appeal
Feb. 9, 2021
4th District considers whether California’s gig worker law applies to Instacart
The city of San Diego alleges Instacart misclassified drivers as independent contractors in 2019, days before Gov. Gavin Newsom signed Assembly Bill 5, the statute that tightened the definition of “independent contractor.
Despite Instacart's support for Proposition 22, which upheld the status of California's app-based drivers as independent contractors, the question of whether the ballot measure even applies to Instacart's drivers seemed far from settled Monday as attorneys debated the issue before a court of appeal.
In a brief filed ahead of Monday's hearing, San Diego Deputy City Attorney Kevin B. King said under the terms of Proposition 22, compa...
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