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  • Denver Post Photo by Cyrus McCrimmon

    Judge says Instacart likely misclassified California workers

    by 
    Jon Fingas
    Jon Fingas
    02.26.2020

    California's recently enacted AB5 was aimed at improving working conditions at gig economy companies like Instacart, and it appears to be one of the first firms in the crosshairs. A San Diego county judge has granted a preliminary injunction barring Instacart from misclassifying its grocery shoppers as contractors instead of employees, finding that the state had a "probability of success" in its case against the company's parent Maplebear. The "handwriting is on the wall," the judge said. Whether or not AB5 was the right policy, it was based on a state Supreme Court decision from two years ago and became law -- Instacart couldn't pretend that it was unaware of (or couldn't adjust to) the new rules.