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Amazon Relay Drivers Class Action Lawsuit Overview:
- Who: Amazon is facing a class action lawsuit from drivers in its “Relay” program.
- Why: The drivers say they do not get paid minimum wages or overtime, are not reimbursed for missed meal or rest breaks, and do not get paid on time or get complaint wage statements.
- Where: The class action lawsuit for Amazon drivers in California.
Amazon “Relay” drivers do not get paid minimum wages or overtime, are not reimbursed for missed meal or rest breaks, and do not get paid on time or accurate wage statements, a new class action lawsuit alleges.
The California overtime class action lawsuit was first filed in state court by lead plaintiff Dallan Escobar, an Amazon driver in the retail giant’s Relay program. Last week, Amazon requested to have the case moved to federal court in California.
Escobar alleges that he was hired as an Amazon driver for the Relay program, in which he would deliver products to and from customers in San Bernardino county. Escobar says he worked as an Amazon delivery driver from February 2019 to 2020, but never received a minimum wage or overtime pay.
Further, Amazon failed to provide Escobar and other Amazon Relay drivers meal or rest breaks, or compliant wage statements, claims the class action lawsuit.
Amazon Relay Misclassified Drivers
Escobar alleges that Amazon misclassified him as an “independent contractor” in order to deny him the basic statutory rights and protections provided to all California employees, including minimum wage, paid overtime, and meal breaks.
In the claim, Escobar says that Amazon, and affiliated defendants, were advised by skilled lawyers and others about the requirements of California law, and willingly defied the law.
“Defendants knew or should have known that Plaintiff and class members were entitled to receive certain wages for overtime compensation and that they were not receiving certain wages for overtime compensation,” the claim reads.
The company also knew the Amazon drivers should have got minimum wages, one hour meal breaks or the equivalent pay, rest breaks, accurate wage statements, timely payment, payment upon termination, and the reimbursement for business expenses — none of which any of the drivers received, the class action alleges.
“Defendants continue to employ employees in the position of Amazon Relay Drivers, and similar positions, who are similarly classified as “independent contractors” throughout California,” the claim reads.
Escobar wants to represent Amazon Relay Drivers across California and he is suing for violations of the state’s labor code and business and professions code. He seeks certification of the Class, interest, damages, injunctive relief, attorneys’ fees, and a jury trial.
This is far from the first time Amazon workers have accused the online retail giant of violating labor laws. Amazon recently reached a $13.5 million settlement in litigation started by workers claiming they were not compensated for lengthy security checks.
Earlier this month, Amazon warehouse workers alleged they were required to perform off-the-clock work before and after they clock in for their shifts in a class action lawsuit.
Tell us if you’ve ever been an Amazon driver in the comments section below or go here for a California labor violations class action lawsuit claim review.
Escobar is represented by Matthew R. Bainer of The Bainer Law Firm.
The Amazon Relay Driver OT Class Action Lawsuit is Escobar v. Amazon.com, LLC, et al., Case No. 2:21-cv-08026 in the U.S. Superior Court of the State Of California for the County of San Bernardino.
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3 thoughts onAmazon Relay Drivers Underpaid, Denied Breaks, OT, Class Action Lawsuit Alleges
This is all true even in Bridgeview, IL add me please. Worked for DSP: Rivera On-Point Logistics for a year and 5 months. I had to physically come in an hour early to clean up the electrical vehicle because it smelled like dog poop even though the DSP company had a maintenance employee. I was a driver, I never applied for as a janitor! They also deactivated my amazon flex account for a whole week. I did not get the proper delivery training and never got paid while my amazon flex was suspended.
I deliver for Amazon XL and we are not provided regular or lunch breaks. 10 hour shifts. Yes I have urinated in a bottle tons of times due to not having time to go. I have an attorney workings it as we speak.
I am a driver for Amazon relay. I’m the business owner. I’ve been completed loads for Amazon; however, they are often making mistakes on payment for my completed loads and I haven’t been paid for some.