Instacart driver files class action over allegations of labor code violations

By Jenie Mallari-Torres | Jun 15, 2018

SAN FRANCISCO – A delivery driver for a San Francisco-headquartered grocery delivery service alleges that he was unlawfully not paid a minimum wage.

Javiar Cortez filed a complaint on behalf of himself and all others similarly situated on May 16 in the San Francisco County Superior Court against Maplebear Inc., doing business as Instacart, citing California labor code.

According to the complaint, the plaintiff alleges that he and other similarly situated individuals working as drivers for the defendant have suffered monetary injuries as a result of its unlawful business practice of not compensating the class with at least a minimum wage as mandated by the law. He also alleges the defendant misclassified drivers as independent contractors and refused to reimburse expenses incurred in the performance of their drivers' duties. 

The plaintiff holds Maplebear Inc. responsible because the defendant allegedly misclassified plaintiffs in direct violation of the labor code, failed to ensure that the class receives minimum wage for all hours worked, and failed to provide plaintiff with compliant and accurate itemized wage statements.

The plaintiff requests a trial by jury and seeks judgment against defendant, for the court to certify the class action, award compensatory damages, interest, attorneys' fees, costs, expenses and other relief to which plaintiff may be entitled. He is represented by Shannon Liss-Riordan of Lichten & Liss-Riordan PC in Boston.

San Francisco County Superior Court case number CGC-18-566596

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