DoorDash sign displayed outside a restaurant in Baltimore, Maryland. Photo by Diego Radzinschi/ALM
San Francisco District Attorney Chesa Boudin is asking a state judge to require third-party delivery company DoorDash Inc. to reclassify its couriers as employees in accordance with California law. Boudin's motion for a preliminary injunction in San Francisco County Superior Court follows an order earlier this week forcing Uber and Lyft to reclassify its drivers as employees.
In the motion, the district attorney's office asks the court to enjoin DoorDash from misclassifying couriers "when California law clearly mandates that they be classified as employees."
The district attorney's office filed the complaint against DoorDash in June, alleging that the company's decision to classify its couriers, known as Dashers, as independent contractors was "a calculated decision made to reduce the costs of doing business at the expense of the very workers providing the company's core service of delivery."
Gibson, Dunn & Crutcher's Joshua Lipshutz, who is representing the San Francisco-based company in the action, referred a request for comment to DoorDash, which said the motion threatens billions of dollars in earnings for its couriers and revenue for restaurants that use the platform.
"An overwhelming 98% of Dashers tell us that the freedom to choose when and how they work is important, which is why we're committed to fighting to protect the work they want and are confident that voters will support that independence by voting Yes on Proposition 22 in November," the spokesperson said, referencing a ballot initiative that would enshrine app-based drivers as independent contractors. Proposition 22 would override Assembly Bill 5, which codified the worker classification test established in the California Supreme Court's Dynamex Operations West v. Superior Court decision.
In a statement, Boudin said he is seeking an immediate end to DoorDash's "illegal behavior."
"All three branches of California's government have already made clear that these workers are employees under California law and entitled to these important safeguards," he said. "The failure to provide these workers basic protections puts them at risk, particularly during the COVID pandemic."
On Monday, San Francisco County Superior Court Judge Ethan Schulman granted a motion for a preliminary injunction—brought by California Attorney General Xavier Becerra and city attorneys in San Francisco, Los Angeles and San Diego—enjoining Lyft and Uber from classifying its drivers as independent contractors in California. Schulman stayed his order for 10 days at the ride-hailing companies' request.
In an interview on MSNBC on Wednesday, Uber CEO Dara Khosrowshahi said that if Schulman's order stands, the company will likely have to shut down its services in California for several months.
"If the court doesn't reconsider, then in California it's hard to believe we'll be able to switch our model to full-time employment quickly," the gig economy executive said.

