Switch back to WCC classic look
WCC's COVID-19 Information Collection
CMS Fails to Authorize Telemed for Physical Therapy, Leaving Reimbursement in Doubt close [x]

WorkCompCentral – Workers' Compensation Education, Courses, News and Information

Call or email us anytime
(805) 484-0333
Search Guide
Today is Monday, April 06, 2020 -

News Articles

Judge Rules Instacart Misclassified Employees

  • State: California
  • Topic: WEST
  • - Average time spent on item: 71 minutes
  • - Popular with: Legal
  • -  1 share

A superior court judge ruled that app-based shopping service Instacart failed to prove it could rebut the presumption that its workers are employees under California’s ABC test, but declined to issue the mandatory injunction requested by San Diego City Attorney Mara Elliott, according to media reports.

Mara Elliott

Mara Elliott

San Diego County Superior Court Judge Timothy Taylor on Feb. 18 issued what the San Diego Union-Tribune characterizes as a prohibitory injunction. The order makes it clear that the judge does not believe Instacart is complying with the law but saves the court from assuming the responsibility of overseeing its business transactions as likely would have been required had he issued a mandatory injunction forcing the company to take immediate steps to come into compliance with the law.

Taylor noted in his decision that he’s not interested in supervising Instacart and added that the court lacks the resources to do so.

Elliott said in a statement that the decision makes it clear that Instacart employees were misclassified as independent contractors and denied worker protections, which include workers’ compensation coverage, according to a report by NBC News.

NBC, which included links to the decision in its report, also said Instacart vowed to appeal the decision.

“We’re in compliance with the law and will continue to defend ourselves in this litigation,” a company spokeswoman said. “We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction, and we will be taking steps to keep that stay in place during the appeals process so that Instacart’s service will not be disrupted in San Diego.”

One Comment

Log in to post a comment


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Steven Dewberry Feb 26, 2020 a 7:02 am PST

Instacart should protect its EMPLOYEES and not just its shoppers, customers and retail partners. That is the law, they need to get on board and comply with the law. They can pass the cost on to the customer, just like other businesses, and give their employees a living wage.Do the right thing.

Featured Video

Upcoming Events

  • Apr 10, 2020

    FACTS not FEAR: COVID-19

    National Workers Compensation Industry Experts share latest updates, best practices, recommendati …

  • Apr 13-16, 2020

    RX Drug Abuse & Heroin Summit

    *Postponed In the wake of the latest CDC guidance around the COVID-19 pandemic and after deliberat …

  • Apr 15, 2020

    Preventing Workplace Violence:

    Nearly two million Americans experience violence in the workplace annually. According to the Natio …

Workers' Compensation Events

Social Media Links

WorkCompCentral Workers' Compensation
News and Education
4081 Mission Oaks Blvd
Camarillo, CA 93012
(805) 484-0333