Raef Lawson v. Grubhub, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAEF LAWSON, individually and on No. 18-15386 behalf of all other similarly situated individuals, and in his capacity as D.C. No. Private Attorney General 3:15-cv-05128- Representative, JSC Plaintiff-Appellant,

v. OPINION

GRUBHUB, INC.; GRUBHUB

HOLDINGS, INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jacqueline Scott Corley, Magistrate Judge, Presiding

Argued and Submitted June 9, 2021 Seattle, Washington

Filed September 20, 2021

Before: William A. Fletcher, Paul J. Watford, and Daniel P. Collins, Circuit Judges.

Opinion by Judge W. Fletcher SUMMARY*

Class Certification / Employment Law

The panel affirmed the district court’s denial of class certification, vacated the judgment for Grubhub, Inc. on the minimum wage, overtime, and expense reimbursement claims, and remanded for further proceedings in a diversity action brought by a plaintiff food delivery driver for Grubhub.

Grubhub classified the plaintiff as an…