District of Columbia Attorney General Brian L. Schwalb has initiated a lawsuit against GoBrands, Inc., and GB Logistics, LLC, known collectively as Gopuff. The legal action charges the delivery service with misclassifying its workers as independent contractors instead of employees, an alleged attempt to sidestep responsibilities for minimum wage, overtime, and paid sick leave.
“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,” said Attorney General Schwalb.
The Office of the Attorney General (OAG) asserts that Gopuff’s approach not only circumvents the District’s unemployment insurance and paid family leave programs but also fails to provide necessary workers’ compensation coverage.
Gopuff, which operates in over 500 cities and employs thousands nationwide, has reportedly misclassified all its delivery workers since 2014, denying them lawful wages and benefits under District law. Despite Gopuff’s claims that delivery workers can choose whether to accept specific deliveries, the company allegedly penalizes those who refuse orders by lowering their priority for future deliveries, cancelling their shifts, or suspending them.
“By misclassifying its delivery workers, Gopuff denies them even the most basic protections,” Schwalb wrote on X, formerly known as Twitter. “Workers are denied overtime pay and are often paid less than DC’s minimum wage. And when they fall ill or need to care for a sick family member, they have no access to paid sick leave.”
The lawsuit addresses multiple violations of District laws including the Minimum Wage Revision Act, Sick and Safe Leave Act, Wage Payment and Collection Law, Unemployment Compensation Act, Universal Paid Leave Act, Workers’ Compensation Act, and False Claims Act.
The OAG seeks a court order to halt Gopuff’s illegal activities, enforce compliance with District employment laws, and compel the company to compensate affected workers with back wages and damages.
Gopuff denies the allegations.
“We strongly disagree with the D.C. Attorney General’s allegations and representation of the facts and will vigorously defend both ourselves and the right to earn as independent contractors,” according to a Gopuff spokesperson. “Our model empowers D.C. residents to earn on their own terms — whether that’s as independent contractors or employees in our micro-fulfillment centers or headquarters. 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.”
Social media users, including Gulliver Hughes, commented on the attorney general’s announcement about the lawsuit, showing gratitude for taking action against Gopuff.
“Thank you,” Hughes wrote on X. “It’s gotten so bad over the last couple years.”
The lawsuit also demands that Gopuff make overdue contributions to unemployment and paid family leave programs, in addition to paying civil penalties for its actions.
“As D.C.’s independent Attorney General, I will always defend workers, ensure a level playing field for businesses that play by the rules, and protect taxpayers’ dollars,” Schwalb declared.