SAN FRANCISCO – Shoppers for a grocery shopping and delivery service business allege they were not properly compensated for their work.
Jonathan Husting, Matthew Clayton, Ladia Armstrong, et al. filed a complaint on behalf of individually and on behalf of others similarly situated on Dec. 1 in the U.S. District Court for the Northern District of California against MapleBear Inc. doing business as Instacart, and Does 1-100 alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that they have suffered monetary and other damages as a result of defendants' unlawful business practices. They allege the defendants misclassified them as independent contractors and refused to provide liability and compensation insurance and several other FLSA violations.
The plaintiffs hold MapleBear Inc. and Does 1-100 responsible because the defendants allegedly failed to compensate plaintiffs at a rate not less than the minimum wage, failed to pay plaintiffs for all hours of work performed, failed to keep accurate records of the hours worked of all employees, failed to reimburse plaintiff for expenses incurred during the course of their employment, failed to provide the proper rest and/or meal breaks.
The plaintiffs request a trial by jury and seek judgment against defendants, certify case as a class action and appointing named plaintiffs and their counsel to represent the class, declaratory judgment of unlawful practices, actual and compensatory damages, restitution and disgorgement, civil and statutory penalties, interest, attorneys’ fees, costs and expenses, punitive damages and further relief as the court deems just. They are represented by Robert S. Arns, Jonathan E. Davis, Kevin M. Osborne and Julie C. Erickson of The Arns Law Firm in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06921