Amazon Prime Now Delivery Drivers File Class Action Lawsuit

Amazon.com is facing a wage and hour class action lawsuit filed by delivery drivers for the Amazon Prime Now rapid-delivery service, with allegations that the drivers have been misclassified as independent contractors who are making less than minimum wage.

The Amazon class action lawsuit was filed on Tuesday in California state court by four drivers who hope to represent a Class of Amazon Prime Now delivery drivers. The drivers claim that Amazon treats them like employees in certain respects, by requiring them to wear uniforms and work regularly-scheduled shifts. However, in other respects, they allegedly lack the benefits given to employees since they are classified as independent contractors.

As for pay and benefits, the drivers claim to make less than $11 an hour because the company requires them to use their personal vehicles to make deliveries and to pay out of pocket for gas, car maintenance, and auto insurance. After deducting all of their costs, they claim, this essentially lowers their wage to less than California’s minimum wage of $9 per hour. According to the Amazon Prime Now class action lawsuit, drivers are also not permitted to negotiate a higher wage.

Last year, Amazon Prime Now debuted in New York and has expanded to Los Angeles and San Francisco. The upgraded delivery services promises customers a quick delivery time of one or two hours. Amazon works with courier company Scoobeez to find delivery drivers for their service. Scoobeez and majority shareholder ABT Holdings Inc. are also named as defendants in the Amazon delivery driver class action lawsuit.

In addition to hourly wage concerns, the plaintiffs allege that even though Amazon assures customers that their full gratuity goes to the driver, the app for Amazon Prime Now does not allow drivers to see if they have been tipped by their delivery customers.

The plaintiffs are seeking to certify a Class of all California delivery drivers working under a contract with Scoobeez /ABT and Amazon who are classified as independent contractors. This would include drivers who were independent contractors between August 2015 and the time of the trial.

It is estimated that there are about 200 delivery drivers at the time of the Amazon class action lawsuit filing, and the actual number of individuals eligible under the potential Class definition would not be known until the date of the trial.

The Amazon Prime Now class action lawsuit alleges nine violations of California Labor Code including failure to pay minimum wage, failure to pay overtime, failure to pay reporting time pay, failure to provide meal periods, failure to finish accurate wage statements, waiting time penalties (for untimely final paychecks), breach of contract and violation of the unfair competition law.

The drivers are seeking to recover back pay, restitution and other compensation, attorneys fees and costs, and additional relief as deemed appropriate. The plaintiffs are also seeking a permanent injunction blocking Amazon from classifying Amazon Prime Now delivery drivers as independent contractors.

Plaintiffs and the prospective class are represented by Beth A. Ross, Aaron Kaufmann and Elizabeth Gropman of Leonard Carder LLP.

The Amazon Prime Now Delivery Driver Class Action Lawsuit is Taree Truong, et al. v. Amazon.com Inc., et al., Case No. BC598993, in the Superior Court for the State of California, County of Los Angeles.

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