Instacart delivery worker Jessica Higgs (@jessicahiggs3) called into question the fairness of the app’s policy that children are not allowed to accompany their parents while making deliveries.
Higgs posted a video of herself enjoying a cheeseburger with the accompanying song Beat Box (Freestyle) by Young M.A. including the lyrics “My oppositions tryna to take me out.” It appears she is sardonically expressing her disagreement with an Instacart customer’s opposition to children accompanying their parents on Instacart deliveries.
She writes in a text overlay of the video, quoting the customer in question as stating, “‘I’m reporting you to Instacart Corporate. You are not allowed to bring your kids.’”
@jessicahiggs3 *continues to delete their comment 😂
♬ original sound – Mena Bankz
However, many users shared the sentiment that children should be allowed to accompany their parents on these Instacart deliveries.
One user wrote, “For the haters… not everyone has access to affordable daycare and I’d rather u bring ur kid to deliver my groceries than suffer.” Another echoed this sentiment, saying, “You gotta do what you gotta do sometimes. They need to respect you trying to feed your kids and not live off the govt.”
According to the Department of Labor’s website, and adjusted for inflation in 2022 dollars, the projected average school-age home-based care is $8,761 per child and is rising yearly. GlassDoor.com also claimed that Instacart drivers make on average $15 per hour before tips.
The Department of Labor’s own site shared an article addressing the disparity between cost-of-living and childcare in 2023 titled, “New Childcare Data Shows Prices are Untenable for Families.” Since the Covid-19 Pandemic, many parents are trying to take advantage of flexible employment opportunities to reduce all household expenses, including childcare. Whether this means working remotely or other gig-work type jobs like Uber Eats, DoorDash, and Instacart to make ends meet.
However, other users cite Instacart’s Company Policies as grounds for being critical of bringing children shopping with their parents.
One user wrote, “It is in Instacart rules you can’t have your kids with you!” Another commented, “It is against instacart rules to bring children with you. They can kick you off from being a shopper for not following the rules.”
Per the Instacart platform, “4.1 Subject to compliance with this Agreement, you will have sole discretion over whether to engage subcontractors or use employees, assistants or helpers (collectively “Personnel”) to assist in the provision of Services, and you will be solely responsible for the direction and control of your Personnel. Notwithstanding the foregoing, you remain liable for the performance of the Services by your Personnel, and the engagement of Personnel will not release you from any of your obligations under this Agreement.”
There are also several outlets that have highlighted how the application doesn’t allow non-Instacart independent contractors to ride along with someone who is. The Grocery Store Guy blog and CNN have also written about this policy as well.
It appears Instacart’s policy pertains to their employees being hired as Independent Contractors and the subsequent liability associated with their employment statuses. However, according to George T. Bochanis Law Offices, “drivers, not Instacart [are] responsible for delivery accidents.”
The law firm goes on to explain, “Instacart does not carry insurance to cover its contracted delivery drivers while working. Rather, the company includes in its contracts with employees a condition that the driver must maintain valid coverage in accordance with the state requirements.”
This intones, presumably, that any legal liability for the safety of a passenger, such as Higgs’ child in this instance, would fall on her in the event of an accident. Nevertheless, it would appear that Higgs’ decision to perform deliveries with her child in the car violates company policy.
The Daily Dot has reached out to Higgs and Instacart via email for further comment.
