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Amazon Flex lawsuit overview:
- Who: Amazon Flex drivers urged a judge to certify their class action lawsuit against their employer.
- Why: The drivers allege that they are misclassified as independent contractors, costing them wages and benefits.
- Where: The case was filed in Washington federal court.
A group of Amazon Flex drivers are urging a judge to grant them class action certification in a lawsuit filed against their employer alleging they are wrongly classified as independent contractors.
In a motion filed June 30 in a Washington federal court, the drivers told U.S. District Judge John C. Coughenour that now that the U.S. Supreme Court has decided two cases adjacent to the dispute, their case should be certified.
The class action lawsuit against Amazon.com Inc. and Amazon Logistics Inc. had been stayed while the Supreme Court considered two other lawsuits concerning the application of the Federal Arbitration Act (FAA). Both cases have since been heard and could have implications for whether the case is allowed to escape arbitration.
In one of the cases, the high court found that a Chicago ramp agent supervisor is not obligated to arbitrate her wage and hour claims against Southwest Airlines after finding that she is exempt under Section 1 of the FAA.
In the other case, the justices found that a former sales representative for Viking River Cruises couldn’t shield her claims from arbitration under the California Private Attorneys General Act because the law undermined the FAA.
Amazon Flex lawsuit alleges employees missed out on pay, benefits
The drivers allege they were all subjected to policies that led to their misclassification as independent contractors, not employees, which then caused them to miss out on pay and benefits.
“Cases challenging workers’ misclassification as independent contractors have been routinely certified as class actions, and certification is appropriate here,” the drivers said in the Amazon Flex lawsuit.
In the filing, the workers said they meet all the requirements to secure class certification and that there were thousands of Flex drivers across the country who could be represented by the case.
In 2016, three drivers who have made deliveries on contract for Amazon.com filed a class action lawsuit saying they should be considered employees not independent contractors.
What do you think of the allegations in the Amazon Flex lawsuit? Let us know in the comments!
The workers are represented by Shannon Liss-Riordan, Harold Lichten and Adelaide Pagano of Lichten & Liss-Riordan PC and Michael C. Subit of Frank Freed Subit & Thomas LLP.
The Amazon Flex lawsuit is Rittmann et al. v. Amazon.com Inc. et al., Case No. 2:16-cv-01554, in the U.S. District Court for the Western District of Washington.
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30 thoughts onAmazon Flex lawsuit over worker misclassification seeks class certification
Please add me …I worked for flex from the beginning…then they cut routes and prices..rip off
PLEASE add me! Amazon don’t care about their employees.
Unrealistic expectations to deliver 39 packages of fresh groceries 7 total stops for $37 in Busy city of New York contains 4 cases of water to the 5th floor of building without an elevator I climbed 34 times back and forth to complete one delivery . I have filed report to claim over time cuz the delivery couldn’t be completed 2 hours . They refused to pay me overtime it is recurring issue report almost after every block but they don’t take it to consideration. It’s clear violation of Lahore laws . Being flex driver doesn’t meant compromised your safety and well being. Add me to lawsuit as well
Add me. I was a amazon flex driver in Chatsworth.
Amazon is a company that pushed people into depression and force work
Add me
Add me I have autism and they have not be safe or following ada guidelines
I been driving for Amazon flex for about three month and I notice that we are doing the exact same job as the employee but we are not being compensated properly. We travel to a Amazon location that 20 miles away to pick up orders and drive all over , even on unpaved roads in our own car. The wear and tear is brutal. My car broke down twice and the repairs come out my pocket. We don’t get compensation for our mileage on gas in Pennsylvania. They get us the lost amount in offers and some people do it because they need the money but it’s not fair. You can deliver almost 100 package and profit very little because most earnings are spent back on gas. Example: You accept a $82 delivery which in most cases will be a 4 hour delivery with at least 30 packages. Lets say you have $0 in the bank. You get paid on Tuesday and you get another offer for another $82 for 4 hrs and 38-40 packages and you need gas. You spend $50 on gas and now youre left with $32 for 5ge first delivery. After you complete the second delivery you put $30 in your gas tank. Now your left was $84 after you delivered 60 – 70 packages and roughly around 200 miles on your car. This doesn’t add up. Please please please add me to the class action lawsuit.
I drive for Amazon Flex part time and they haven’t paid me now for 3 routes I’ve left emails and everything else protocol and they have been ignoring me
Please add me to the class action suit
Every time I tried to find work thru Amazon Flex they always had excuses for why I couldn’t work and my app never worked properly