The first man to sue over his “gig economy” job got dismantled on cross-examination

Ars Technica 2017-09-07

Enlarge / One of Raef Lawson's promotional shots on his IMDB page. (credit: IMDB)

The sole plaintiff who's going to trial over his treatment in the "gig economy" has a serious problem. Under cross-examination yesterday, former GrubHub deliveryman Raef Lawson admitted that he lied on his applications to GrubHub, got paid for shifts in which he barely worked, and took affirmative steps to avoid doing deliveries.

He also acknowledged that before applying to GrubHub he consulted with his attorney, who has specialized in lawsuits against so-called "gig economy" companies, like Uber and Lyft, which typically provide workers with part-time work and flexible shifts, but few other benefits. And Lawson was fired from another gig economy platform, Postmates, which directly accused him of fraud.

Lawson, an aspiring actor who made ends meet with various day jobs, sued GrubHub in 2015, saying that he should have been classified as an employee, not a contractor. He's suing for back wages and overtime. A magistrate judge denied class-action status to Lawson's case, but Lawson and his lawyer have persisted, despite having a total damage claim that amounts to less than $600, and are now at trial in San Francisco. If Lawson wins, it could set the stage for future, bigger litigation wins against GrubHub and other gig economy companies.

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