The D.C. Attorney General’s Office has sued home delivery company Gopuff, accusing it of misclassifying its delivery drivers as independent contractors, violating D.C. workers’ rights and circumventing costs.
Gopuff, operated by Philadelphia-based GoBrands Inc., is popular for on-demand home deliveries of items such as tobacco products, alcohol, snacks and personal care products. It has delivery drivers in more than 500 cities.
GoPuff has four micro-fulfillment centers in the District, two in Northeast D.C. and two in Northwest D.C. It has roughly 50 workers at its fulfillment centers in D.C., all of which are classified as employees. A Gopuff spokesperson did not immediately disclose how many delivery drivers it has.
The lawsuit accuses the company of failing to pay delivery drivers minimum wage, overtime and paid sick leave, as required by D.C. law. It is also accused of deliberately avoiding obligations to pay into the District’s unemployment insurance and paid family leave programs, and failing to maintain workers’ compensation coverage.
The Attorney General’s suit claims Gopuff treats delivery workers as employees, not independent contractors by hiring them, firing them, training them, and holding full control over their hours and work schedules.
“Businesses operating in the District cannot cut corners and cheat their workers. Through its misclassification scheme, Gopuff is taking advantage of its delivery drivers and also defrauding the District out of critical revenue,” Attorney General Brian Schwalb said in a statement.
The lawsuit seeks to bring the company into compliance with D.C. laws, including the Minimum Wage Revision Act, Sick and Safe Leave Act, Wage Payment and Collection Law, and Workers’ Compensation Act. It also seeks to require Gopuff to pay back wages and damages to affected delivery drivers, pay into the city’s unemployment insurance and family leave programs, and pay civil penalties to the District.
In 2023, Gopuff was fined $6.2 million by the Massachusetts Attorney General for similar alleged violations.
In a statement to WTOP, a Gopuff spokesperson said the company strongly disagrees with the attorney general’s allegations and “will vigorously defend both ourselves and the right to earn as independent contractors.”
“Our model empowers DC residents to earn on their own terms — whether that’s as independent contractors or employees in our micro-fulfillment centers or headquarters,” the statement read. “Those who choose to engage with Gopuff as delivery partners tell us time and again that they value the flexibility of independent work and we remain committed to protecting these vital earning opportunities.”
A copy of the full D.C. lawsuit filed against GoBrands Inc. is posted online.
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