In WashingTech’s March 5 podcast, Sally Culley discusses the state of employment law regarding the classification of gig workers.

Culley speaks with host Joe Miller about California’s Lawson v. Grubhub case. “It’s become a big issue in the gig economy, or sharing economy, because many of the sharing companies, like Uber or Grubhub, classify their workers as independent contractors,” she explains. In Lawson V. Grubhub, Raef Lawson sued Grubhub, claiming he was an employee and therefore entitled to minimum wage and other employee benefits under California law.

“The biggest issue in the case was the level of control that Grubhub had over the manner and means of accomplishing the work to be performed by Mr. Lawson in making food deliveries,” Culley states.

The judge ruled in favor of Grubhub, stating that Lawson was an independent contractor and not an employee. “The judges decision is based on a very thorough analysis,” Culley shares, “I think we’ll see other courts relying on the decision even if they’re not bound by it.”