Have you ever worked for a gig platform company like Uber or Instacart? File a claim for lost wages!
Under the 2018 Dynamex California Supreme Court ruling, you might be eligible to get lost minimum wage and overtime pay if you’ve ever worked in California as an independent contractor for any rideshare, delivery, or other gig economy company.
Do you use rideshare or delivery services? Tweet about @GetWages and print flyers to share.
We’re a group of volunteers with the Tech Workers Coalition and the National Employment Law Project who believe all workers ought to get compensated fairly for their labor. We’re focusing our initial efforts in support of drivers, but this wage claim process is open to all gig workers. Take action above, and learn more below.
What does Dynamex mean for California gig workers?
Many drivers working for Uber and Lyft report earning only a few dollars per hour and working more than 40 hours per week. This is typical for workers who get (mis)classified as independent contractors and aren’t protected by labor law. But in 2018, delivery drivers at Dynamex Operations West filed a lawsuit for better working conditions that went all the way to the California Supreme Court.
The Dynamex decision ruled that workers whose work is central to a business are now likely classified as employees for the purpose of minimum wage and overtime pay.
Workers in California can file claims to get back lost wages, even if they no longer work for these companies.
What can I get?
In many cases, filing a claim can get you lost wages for all your past work.
If you’ve ever worked in California as a rideshare or delivery driver for companies like Uber, Lyft, DoorDash, Instacart, or Postmates, you can file to get the California minimum wage of $12 per hour ($15/hr in San Francisco and San Jose, $14.25/hr in Los Angeles), as well as 1.5X for overtime pay.
In addition to rideshare and delivery drivers, you may be eligible if you’ve been a cleaner for Handy, dog walker for Wag, stylist for Glamsquad, or done work for other “gig economy” companies. This also includes companies without apps!
How does it work?
Filing a claim doesn’t cost anything and is available the California Labor Commissioner regardless of your immigration status. However, the process can be complicated–especially if you’ve signed an arbitration agreement or were part of a previous lawsuit or settlement.
Our group of volunteers is organizing to make the filing process fast, easy, and helpful for anyone who might be eligible.
What are the risks?
One risk to consider is a rideshare company trying to terminate or “deactivate” you. Under California law, you are protected from retaliation for asserting your rights. If you are unlawfully terminated, you are allowed file a complaint alleging the company retaliated against you for filing a wage claim. Find more information here.
Another risk is filing a claim incorrectly or losing time with tedious, confusing paperwork.
How do I file a claim?
There are three main ways to file a wage claim:
1. Get free assistance from a legal professional
2. Visit a legal aid clinic
If you want to talk with a legal professional in-person, our allies at the Legal Aid at Work serve low-income individuals (for free) with confidential information, in English, Spanish, Cantonese, Mandarin, and other languages. Find the nearest location, hours, and contact info here.
To discuss how to file a wage or arbitration claim, we recommend reaching out to Legal Aid at Work for San Francisco and East Bay at (415) 864-8848, and the Katherine & George Alexander Community Law Center for South Bay at (408) 288-7030.
3. File a wage claim yourself
If you are certain you have opted-out of mandatory arbitration, you can try to file a claim directly through the California Labor Commissioner’s Office website. Learn more about the process and requirements here, and submit a claim form here.
The text on this website does not constitute legal advice.