Migliaccio & Rathod LLP is investigating whether Dispatch misclassified certain delivery drivers as independent contractors and failed to pay all wages or reimburse business expenses required by law.
Dispatch operates a technology platform that connects businesses with on-demand delivery drivers for same-day and scheduled deliveries. According to the memorandum, Dispatch is a potential investigation target because drivers may perform deliveries under detailed operational requirements while using their own vehicles and bearing substantial operating expenses.
Drivers may receive assignments through the Dispatch platform, transport products for commercial customers, comply with delivery schedules and customer instructions, and satisfy company performance requirements while paying the costs of operating their own vehicles.
Reported Driver Responsibilities and Expenses
Drivers may have been required to:
- accept delivery assignments through the Dispatch platform;
- report to pickup locations designated by Dispatch or its customers;
- load and transport assigned products;
- complete deliveries within specified time windows;
- document completed deliveries through the mobile application;
- communicate with dispatch personnel or customers;
- return undeliverable items;
- provide and maintain their own vehicle;
- pay fuel, insurance, maintenance, repairs, registration, and depreciation;
- use personal smartphones and mobile data; and
- perform unpaid loading, waiting, and administrative work.
Why Drivers Should Be Concerned
Whether a worker is properly classified depends on the realities of the working relationship rather than contractual labels. Drivers who personally perform deliveries while following company-established routing, scheduling, documentation, and customer-service requirements may have employee rights despite being classified as independent contractors.
Drivers may also spend significant uncompensated time waiting for assignments, loading products, communicating with dispatch, resolving delivery issues, and completing paperwork before and after deliveries.
Potential Claims May Include
- Independent-contractor misclassification
- Unpaid overtime
- Minimum-wage violations after business expenses
- Unreimbursed mileage and vehicle expenses
- Unpaid loading, waiting, and administrative work
- Unpaid return-trip time
- Recordkeeping violations
We Are Interested in Hearing From Current and Former Dispatch Drivers Who:
- completed deliveries through the Dispatch platform;
- used their own vehicle for deliveries;
- were classified as independent contractors;
- regularly worked more than 40 hours per week;
- paid fuel, maintenance, insurance, or phone expenses;
- performed unpaid loading, waiting, paperwork, or return work;
- worked under detailed delivery-performance requirements; or
- believe they functioned as employees despite being classified as independent contractors.
You may have rights even if your agreement referred to you as an “independent contractor,” “delivery partner,” “courier,” or “owner-operator.”
If you drove for Dispatch and believe you were improperly classified or denied wages or reimbursements, please contact Migliaccio & Rathod LLP. There is no charge to speak with us, and there is no obligation to take legal action.
If you believe you encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.
Migliaccio & Rathod LLP is a Washington, D.C.-based law firm representing employees in class and collective actions nationwide.