Lorena Gonzalez Statement on SF District Attorney's Action to Stop Misclassification of DoorDash Drivers

Tuesday, June 16, 2020

SACRAMENTO – (Tuesday, June 16, 2020) – Today, San Francisco District Attorney Chesa Boudin announced the filing of an employee protection action against DoorDash for breaking state law—citing Assembly Bill 5 authored by California State Assemblywoman Lorena Gonzalez (D-San Diego)—by engaging in unfair business practices and misclassifying its delivery workers as independent contractors when, in fact, they are employees.

“No billion-dollar corporation should be exempt from providing their workers basic protections like minimum wage, paid sick leave and Social Security. Companies like DoorDash refuse to abide by the same laws all other businesses in the state are required to follow, while their drivers continue to risk their health everyday with zero protections on the job. This is just wrong,” Assemblywoman Gonzalez said. “I’m glad to see District Attorney Chesa Boudin stepping in to put a stop to these exploitative practices and pursue justice for these workers.”

The action seeks restitution for workers, an injunction requiring DoorDash to properly classify its delivery workers as employees, and civil penalties. DoorDash is a business that delivers food, beverages and other items from local restaurants and stores to nearby customers. It refers to its delivery workers as “Dashers” and employs them to pick up orders from merchants and deliver them to customers. DoorDash is headquartered in San Francisco.

The San Francisco Board of Supervisors recently adopted a Resolution urging “City Attorney Dennis Herrera and District Attorney Chesa Boudin to seek immediate injunctive relief to prevent the misclassification of San Francisco workers as they seek to access basic workplace rights like paid sick leave, unemployment insurance, and benefits provided under the San Francisco Health Care Security Ordinance.”

The ongoing COVID-19 pandemic has put a spotlight on the importance of properly classifying workers as employees. ‘Dashers’ were already performing dangerous work, like being forced to navigate traffic conditions as quickly as possible in order to make their deliveries or risk suspension or termination by DoorDash. The job of a ‘Dasher’ became substantially more perilous during this pandemic as they have been deemed ‘essential workers’ yet their hiring entity DoorDash refuse to pay into workers’ compensation insurance, preventing its workforce from accessing the social safety net.

For questions or to schedule an interview with Assemblywoman Gonzalez, contact Sami Gallegos: samantha.gallegos@asm.ca.gov