From Staffing Industry Analysts, Craig Johnson discusses a lawsuit in which a worker alleges he was misclassified as an independent contractor while providing services for Google Maps.
A contractor for Google Maps and its staffing firm face a lawsuit claiming they misclassified drivers who gather information for the mapping software as independent contractors.
The lawsuit seeks class-action status and named IT services provider Cognizant Technology Solutions (NASDAQ: CTSH) and staffing firm Aceolution as plaintiffs; Google is not named in the lawsuit. It alleges workers weren’t paid properly for all hours worked, including overtime, because they were misclassified as independent contractors.
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In arguing that drivers were misclassified, the lawsuit notes the level of control Cognizant and Aceolution maintain over drivers. For example, drivers must check in with Cognizant at the beginning and end of their workdays, start work by 9 a.m., work at least 40 hours per week, and take a breathalyzer test three times a shift and report results to Cognizant. They cannot choose or reject routes or negotiate their salary.
In addition, the drivers don’t bring their own tools, but are supplied with cell phones and cars, the lawsuit said.
Drivers also must spend 10 to 20 minutes on preshift activities such as setting up the car and cleaning the vehicle’s camera lenses. Upon finishing their shift, they must complete a vehicle check among other activities. Such pre- and post-shift activities were unpaid, according to the lawsuit.
Source: Cognizant, contractor face suit over Google Maps field work
