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Three drivers who have made deliveries on contract for Amazon.com have filed an Amazon delivery driver class action lawsuit, saying they should be considered employees, not independent contractors.
This Amazon delivery driver class action lawsuit follows similar legal actions against companies relying on independent contractors to carry the weight of a significant part of their operations.
The complaint, filed in Washington federal court, was brought forth by Shannon Liss-Riordan, the same attorney who led two class action lawsuits by drivers against Uber. These lawsuits yielded a proposed $100 million settlement that was later blocked by the court.
The Amazon delivery driver class action lawsuit names both Amazon.com Inc. and Amazon Logistics, a program in which the retail giant contracts with local delivery providers, from single drivers to companies with their own employees.
Amazon also contracts directly with individuals to provide deliveries through a service called Amazon Flex, a program in which individuals independently sign up to provide delivery services for Amazon. All the delivery drivers suing have worked for Amazon Flex, according to the complaint.
Amazon Delivery Driver Class Action Lawsuit
In the Amazon delivery driver class action lawsuit, plaintiffs Bernadean Rittman, Freddie Carroll, and Julie Wehmeyer allege that Amazon violated federal labor laws by failing to ensure they earn the minimum wage after paying for gas and maintenance, and by not paying overtime.
The complaint further says the delivery drivers had a direct contract relationship with Amazon. But it argues that instead of independent contractors, they are “actually employees” because they are highly supervised and were trained by the company on how to deal with customers.
Drivers must follow “Amazon’s instructions regarding where to make deliveries, in what order, and which route to take,” the Amazon delivery driver class action lawsuit states.
Additionally, the lawsuit claims that independent contractors can be fired at Amazon’s discretion, and their services are “fully integrated into Amazon’s business,” making them indistinguishable from other employees.
The plaintiffs are seeking to represent a certified nationwide Class of individuals who worked as delivery drivers for Amazon.com Inc. or Amazon Logistics who have contracted directly with Amazon and have been classified as independent contractors.
It’s not the first lawsuit that claims Amazon misclassifies its delivery drivers as independent contractors. Last year, four former delivery drivers for Prime Now sued the company in a similar complaint.
How Employee Misclassification Hurts Workers
As on-demand companies like Amazon find savvy ways to navigate employment law, the misclassification of employees as independent contractors allows them to maximize profits at their workers’ expense. Through misclassification, employers avoid paying both reimbursements for on-the-job costs like gas and car maintenance as well as the minimum hourly wage.
If you worked as a delivery driver for Amazon or its affiliates and feel you were misclassified as an independent contractor, you may be eligible to participate in an employee rights class action lawsuit.
The Amazon Delivery Driver Class Action Lawsuit is Rittman et al. v. Amazon.com Inc. and Amazon Logistics Inc., Case No. 2:16-cv-01554 in the U.S. District Court for the Western District of Washington.
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15 thoughts onAmazon Delivery Driver Class Action Lawsuit Alleges Misclassification
I have seen where this case was denied. But the change needed is still very real. I am an amazon Flex driver and the issues are still very real. I am fed up of it all. Everything from no one to actually speak with and receiving the auto generated emails, not getting paid, and low wages. Enough is enough! How can I join in to bring more awareness to these issues that Amazon( and other similar contract jobs) face so that the outdated laws can begin to change?
same