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Tracey E. Diamond Quoted in Law360 Article, 'GrubHub Driver in Gig Economy Case Is a Contractor: Judge'

2/08/2018
Tracey E. Diamond Quoted in Law360 Article, 'GrubHub Driver in Gig Economy Case Is a Contractor: Judge'

Tracey E. Diamond was quoted in the February 8, 2018 Law360 article “GrubHub Driver in Gig Economy Case Is a Contractor: Judge.” The article discusses a California federal judge who stated that a former GrubHub Inc. meal delivery driver was an independent contractor and not the company’s employee. Ms. Diamond told Law360 that “Lawson’s case provides good guidance to gig economy employers on how to structure their relationship with workers to meet the independent contractor test.”

“According to the Court, Mr. Lawson had complete control over his work schedule. GrubHub could not make him work and could not count on him to work,” Diamond wrote in an email. “Additionally, the Court did not find it dispositive that GrubHub terminated the relationship without notice. The fact that GrubHub had the right to control the result of the relationship, rather than the manner and means of performance, did not turn the independent contractor relationship into an employment situation.”

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