The same attorney who filed misclassification lawsuits against Uber and Lyft, Shannon Liss-Riordan, has filed a new lawsuit this week against human cloud firm Caviar Inc. claiming independent contractor misclassification. The suit against San Francisco-based Caviar seeks class action status.
Caviar operates as Try Caviar and provides a food service where customers can order meals from restaurants and have them delivered by Caviar independent contractor workers.
“Although classified as indepedendent contractors, Try Caviar couriers are employees,” according to the lawsuit. “They are required to follow detailed requirements imposed on them by Try Caviar (including requirements regarding the accurateness of their deliveries, how the interact with customers, etc.) and they are subject to termination based on their failure to adhere to these requirements or in the discretion of Try Caviar. Try Caviar has unfettered control to terminate couriers for any reason or no reason at all.” In addition, the lawsuit also argued the couriers are integral to Caviar’s business. It seeks damages including expenses owed drivers.
The Reason reports this is the second time Liss-Riordan has brought suit against Caviar, but the previous suit did not achieve class action status because of an arbitration clause in Caviar’s courier contract. However, an Appeals Court decision may have cleared the way for a class action to be obtained in this lawsuit, according to the story.