Postmates Agrees to $8.75M Employee Misclassification Settlement

Bradley/Grombacher, LLP • September 18, 2017

A California federal judge has granted preliminary approval to an $8.75 million class action settlement over claims the “on-demand” delivery service misclassified its couriers as independent contractors and paid them below minimum wage.


The employee misclassification settlement will resolve a 2015 class action lawsuit filed by Postmates couriers, alleging they had been misclassified as independent contractors and denied compensation and protections provided to employees in the states of California, Massachusetts, New York, and Washington D.C.


Postmates denies any wrongdoing but agreed to the employee misclassification settlement to resolve the litigation.


Class Action Lawsuit Allegations

Postmates is an “on-demand” delivery service available in major cities throughout the United States. It uses an online platform to connect customers with local couriers who will deliver “anything from any store or restaurant in minutes” with no waiting.

The workers alleged that Postmates had violated California employment law, the Private Attorneys General Act and the federal Fair Labor Standards Act.


In a September 1 order, U.S. District Judge Jeffrey S. White agreed that the employee misclassification settlement was appropriate, noting that laws about employee classification in the emerging “gig economy” are still being hashed out in the California courts.

A gig economy is a labor market characterized by short-term contracts or freelance work by independent contractors instead of hiring full-time employees.


“A class recovery through settlement may be the best hope for most of these couriers recovering anything at all on these claims, given the very low number of couriers who would file individual claims, if required to do so,” said the judge.


Employee Misclassification Settlement Terms

According to the terms of employee misclassification settlement, $75,000 will go to the state and another $25,000 will go to the couriers to resolve the Private Attorneys General Act. An additional $300,000 will go to the settlement administrator. In addition, Postmates has agreed to change its business practices to provide its couriers occupational accident insurance and clearer termination terms.


The proposed classes include tens of thousands of Postmates couriers, including approximately 88,000 couriers in California, 28,000 couriers in New York, 8,000 couriers in Washington D.C., 3,000 couriers in Massachusetts, as well as 107,000 in other states.


The employee misclassification settlement also requires Postmates to revise their termination policy for their couriers, allowing them to appeal termination decisions in arbitration. Postmates will also provide a means for couriers to provide feedback about their interactions with the company.

Similar employee misclassification settlements have been reached in recent years, including a $27 million settlement paid by Lyft, a $7.75 million settlement by Uber, and a $4.6 million settlement by Instacart.

Employee misclassification has been emerging as the number of “gig-economy” workers increase.


This case is Sherry Singer et al. v. Postmates Inc., Case No. 4:15­cv­01284, in the U.S. District Court for the Northern District of California.


The ‘Gig-Economy’ and Worker Rights

Under the so-called gig-economy, workers are often deemed independent contractors and therefore not provided many of the protections and benefits provided under the law to regular employees, such as overtime pay and leave benefits.

Companies have been using gig-economy workers to cut costs and some workers enjoy the flexibility, but concerns about worker protections have been emerging over the past several years.

If you believe your rights as a worker have been violated as a member of the gig-economy, you should call an experienced employment law attorney. An experienced attorney can help determine if you should take legal action against your employer or begin an employment law class action lawsuit. Fill out the form on this page now for a FREE case evaluation. 


By kileygrombacher January 16, 2025
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Not Understanding Your Policy: Your homeowners insurance policy is a complex legal document. Failing to thoroughly understand its terms, coverage limits, exclusions, and your responsibilities as a policyholder can lead to costly mistakes. If anything is unclear, seek clarification from your agent or an attorney. Pay particular attention to: Dwelling Coverage Limits: The maximum amount your insurer will pay to repair or rebuild your home. Personal Property Coverage: The limits for replacing your belongings. Loss of Use/Additional Living Expenses (ALE): The extent of coverage for temporary housing and other living expenses. Deductibles: The amount you must pay out-of-pocket before your coverage kicks in. Exclusions: Any specific types of damage or losses that are not covered. Accepting the First Offer Without Question: The first settlement offer from your insurance company is often a lowball offer, especially after a major event like a wildfire. They are hoping you'll accept it out of desperation or lack of knowledge. Don't be afraid to negotiate or seek a second opinion from an independent contractor or a lawyer. Downplaying Your Losses or Damages: Be honest and thorough when describing your losses to the insurance adjuster. Don't minimize the damage or omit items from your inventory. It's better to overestimate initially than to leave something out and have to fight for it later. Making Permanent Repairs Before Authorization: Avoid making any permanent repairs to your property before obtaining authorization from your insurance company. They may deny coverage for repairs made without their approval. Emergency repairs to prevent further damage are usually acceptable, but document them thoroughly and notify your insurer as soon as possible. Not Keeping Records of Communication: Document every interaction with your insurance company, including phone calls, emails, and in-person meetings. 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If you or a loved one suffered a personal injury due to someone else's negligence in connection with a wildfire, you may be entitled to compensation for: Medical Expenses: Past and future medical bills related to your injuries. Lost Wages: Income lost due to your inability to work. Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish. Loss of Consortium: Compensation to your spouse for the loss of companionship and support. 4. Your Right to Compensation for Lost Income or Business Interruption If a wildfire forced you to miss work or resulted in the closure of your business, you may have legal recourse: Lost Wages: If your employer wrongfully terminated you, failed to pay you, or denied you reasonable accommodations after a wildfire, you may be able to recover lost wages under California employment law. Business Interruption Insurance: If you have business interruption coverage as part of your commercial insurance policy, you may be able to recover lost profits and other expenses incurred due to the wildfire's impact on your business. 5. Your Right to Legal Representation Navigating the legal complexities after a wildfire can be daunting. An experienced attorney can be your advocate and guide, helping you to: Understand Your Rights: Provide clear explanations of your legal options and the applicable laws. Gather Evidence: Collect and preserve the necessary evidence to support your claims. Negotiate with Insurance Companies: Engage in strategic negotiations to secure a fair settlement. File Lawsuits: Take legal action against responsible parties, whether it be insurance companies, utility companies, government entities, or negligent individuals. Represent You in Court: Provide skilled representation in court if litigation becomes necessary. Bradley/Grombacher LLP: Dedicated to Helping Wildfire Victims At Bradley/Grombacher LLP, we understand the impact wildfires have on individuals, families, and communities. With over 50 years of combined experience in personal injury, employment law, and consumer law , we have the knowledge and skills to effectively advocate for your rights and secure the compensation you deserve. We're committed to: Holding negligent parties accountable. Maximizing your financial recovery. Providing compassionate and personalized legal representation. Take the First Step: Contact Us for a Free Consultation If you've been affected by a California wildfire, including the recent Palisades Fire, don't hesitate to contact Bradley/Grombacher LLP for a free, confidential consultation . We'll listen to your story, answer your questions, and provide an honest assessment of your legal options. Call us at (866) 881-0403 or fill out our online contact form. Let us help you navigate the path toward recovery and justice.
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