If you have worked as a delivery driver for a gig-economy company in the District of Columbia, you may have been underpaid. Due to the increasing dependence on deliveries of basic goods, gig economy companies have been hiring more delivery drivers than ever before. Companies that fall into this category include:
Typically, these companies misclassify the drivers as "independent contractors" when they should be classified as employees, which enables them to avoid paying drivers the minimum wage, reimburse their work expenses, pay time-and-a-half for working overtime and committing a host of other unfair practices.
Under federal wage and hour laws, you are considered to be an employee if you are economically dependent on the company you work for, as opposed to being in business for yourself. Courts look at a number of factors to determine whether the "economic realities" of your situation constitutes an employer-employee relationship.
The minimum wage in D.C. is much higher than the federal minimum wage of $7.25, ranging from $12.50 per hour as of July 1, 2017 to $15.00 per hour as of July 1, 2020. If you are found to be an employee, you are entitled to at least this minimum hourly wage. Also, any expenses that you incur (such as vehicle expenses) should be reimbursed by your employer so that after the expenses are reimbursed, you still receive the minimum wage.
If you also work in Maryland and/or Virginia, you are protected by the District of Columbia's minimum wage laws if you spend more than 50% of your time working in the District or you are based in the District and you do not spend more than 50% of your time working in Maryland or Virginia.
If you believe you have been misclassified as an independent contractor working in the District of Columbia, please complete the form below for a free consultation or call us toll free at: 844-895-4899. Our law firm represents workers on a contingent fee basis, meaning we don't get paid unless we obtain a monetary recovery for you. We are here to help you through these difficult times. We stop wage theft!