Instacart Litigation

Instacart Employee Misclassification Instacart delivery workers filed a class action lawsuit claiming they were misclassified as independent contractors. The workers claimed they were entitled to be reimbursed for expenses, such as fuel, parking fees, vehicle maintenance, and vehicle-related insurance. Additionally, the drivers accused Instacart of refusing to pay their wages, overtime wages, income tax contributions, and certain benefits required by state and federal law.

On November 3, 2015, a federal judge granted Instacart's motion to force Instacart workers to pursue their cases through arbitration on an individual basis. We disagree with the decision and we are urging the judge to reconsider his ruling. He heard both sides' arguments for reconsideration in October 2016.

As of now, the judge's order requiring individual arbitration stands. We have analyzed the order very carefully and here is what it means for Instacart workers

  • Your case can be heard by a neutral arbitrator, but not in a courtroom with a jury.
  • You can make the same claims for unpaid minimum wage, overtime, and work expenses (like gas and vehicle maintenance).
  • The Arns Law Firm will continue to represent Instacart workers and will pursue their claims in arbitration at no cost.
  • Instacart workers who want the Arns Law Firm to represent them should contact the Arns Law Firm immediately.

To be clear, in no way does the court's decision bring an end to the case. This signals the real beginning of the litigation under a streamlined set of rules and in an individualized forum.

UPDATE FOR CURRENT INSTACART SHOPPERS: Important Information About Instacart— Please Read As This Affects Your Legal Rights. YOU MUST ACT NOW: Under New Instacart Contract, You Have Less Than 30 Days to OPT OUT of Arbitration Agreement to Preserve Your Right to a Jury Trial.

If you are currently working for Instacart, you have likely been prompted to update the Instacart Shopper App on your phone sometime in the last few weeks. This update requires you to sign a new agreement with Instacart, which contains an arbitration agreement. 

What is an Arbitration Agreement? The new arbitration agreement waives your right to a jury trial and means that any future dispute that you might have with Instacart must be resolved through individual binding arbitration.  It also waives your right to participate in a class action and all other collective and joint proceedings.

The Good News: You can OPT OUT of this arbitration agreement and preserve your legal rights simply by sending an email.  However, you must send the email within 30 days of when you signed the new contract.  For some of you, that 30 days will expire next Wednesday. It may be earlier for others.

YOU MUST ACT NOW. In order to preserve your right to a jury trial and class action, follow the instructions below AS SOON AS POSSIBLE. It will take less than a minute.

How to Opt Out and Preserve Your Rights:  Send an email with the following message:

To whom it may concern at Instacart:

My name is [first and last name] and I wish to opt out of the Arbitration Provision. 

Full Service/Delivery-Only Shoppers ("independent contractors") need to send the email to:

In-Store Shoppers ("part-time employees") need to send the email to:

It is very important that you send the opt-out email as soon as possible.  We encourage you to share this information with other Instacart Shoppers so that they are informed of their rights.  

If you have ever worked for Instacart, feel free to call 415-495-7800, or e-mail the attorneys representing the class.