Forester Haynie first wrote about legal options for gig workers in January 2021, when delivery and rideshare work had become especially visible during the COVID-19 pandemic. The emergency conditions have changed, but the central legal questions have not disappeared. Workers who earn money through delivery apps, rideshare platforms, and other on-demand services may still have questions about whether they are truly independent contractors, whether all of their work time was paid, and what options are available when a pay dispute arises.
The answer depends on the actual working relationship, the law that applies, and any agreement between the worker and the company. A company calling someone an independent contractor does not automatically settle those questions.
Worker Classification Still Matters
Under the Fair Labor Standards Act, employees who are covered and not exempt generally have federal minimum wage and overtime protections. Independent contractors do not receive those FLSA protections. The Department of Labor evaluates classification by looking at the economic reality of the relationship rather than relying only on a job title, contract, or tax form.
That distinction can be important for gig workers because receiving a Form 1099 or signing an independent contractor agreement does not, by itself, decide whether someone is an employee under federal wage law. The way the work is actually performed can matter, including the degree of control over the work and whether the worker is operating an independent business.
The federal classification framework is also changing. In February 2026, the Department of Labor proposed a new independent contractor rule that would replace its 2024 rule. The Department has said the 2024 rule remains relevant in private litigation even though its Wage and Hour Division is not currently applying that rule in investigations. Because the standard is in transition, classification questions should be reviewed using the current law rather than an older label or assumption.
When Pay Problems May Create a Wage Issue
For workers who qualify as employees, federal law generally requires at least the federal minimum wage for covered work and overtime at not less than one and a half times the regular rate after 40 hours in a workweek, unless an exemption applies. Many states and some cities provide higher minimum wages or additional protections.
For gig and delivery work, the amount shown for a completed ride, route, or task may not tell the whole story. Depending on the facts, a wage review may need to consider required time spent waiting, preparing for work, communicating with the company, completing tasks after a route, or performing other work that was not reflected in the recorded hours.
Work expenses can matter too. Drivers may pay for fuel, vehicle maintenance, insurance, phone service, or other costs connected to the job. Whether those expenses create a wage problem depends on the worker’s classification, pay arrangement, and applicable federal or state law. An expense is not automatically reimbursable simply because it was related to gig work.
Arbitration Can Affect the Available Legal Options
The 2021 article focused heavily on class and collective actions because many companies use arbitration agreements and class action waivers. Those agreements are still important, but the old article stated the transportation-worker exception too broadly.
Federal law generally favors enforcement of arbitration agreements, but the Federal Arbitration Act contains an exemption for certain transportation workers. Whether that exemption applies can depend on the type of work performed and the facts of the worker’s role. A delivery driver, rideshare driver, or other platform worker should not assume that an arbitration agreement is either automatically enforceable or automatically invalid.
If an arbitration agreement applies, a worker may be required to bring an individual claim in arbitration rather than a class or collective case in court. If it does not apply, other options may be available. The agreement itself, the worker’s job duties, and current court decisions all matter.
How Forester Haynie Can Help
Forester Haynie represents workers in matters involving unpaid wages and overtime. If you performed gig, delivery, or other platform-based work and have questions about classification, unpaid work time, overtime, or an arbitration agreement, the firm can review the facts and explain what issues may need a closer look.
To ask about your situation, contact Forester Haynie for a free case evaluation.
