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The San Diego division of the state court of appeal just reversed a trial court preliminary injunction prohibiting app-based shopping and delivery service Instacart “from failing to comply with California employment law with regard to its Full-Service Shopper employees within the City of San Diego.” Presiding Justice Judith McConnell, writing for a unanimous panel, found the order too vague. The appellate court returned the case to the trial court for further proceedings. It seems the clarity Proposition 22 was supposed to bring to the classification of app-based drivers will not be as easy as ABC.
In 2019, the City of San Diego sued Instacart, seeking to require the app-based platform to reclassify its “Full-Service Shoppers” as employees. Instacart classifies Full-Service Shoppers, who both gather groceries and drive them to the app-based user, as independent contractors.