Delivery Drivers’ Amazon Overtime Lawsuit Clarifies Class Allegations

A recent Amazon overtime lawsuit filed by two of the mega company’s delivery drivers has clarified the allegations put forth in their class action.

The Illinois drivers allege in their Amazon overtime lawsuit that the company, along with two of its contractors, violated state and federal wage and hour laws.

The Amazon overtime lawsuit was first filed in November by delivery drivers Theron B. and Tommy J., naming driver contractor companies Silverstar and Gold Standard as defendants in the suit along with Amazon. These companies provided delivery services to Illinois Amazon customers.

According to the lawsuit, Silverstar and Gold Standard denied both the named plaintiffs and an entire class of Illinois drivers like them overtime pay, violating the Fair Labor Standards Act (FLSA), as well as the Illinois Minimum Wage Law.

The original complaint noted that despite purportedly being workers with Silverstar and Gold Star, and merely contracted to work with Amazon, much of their work was tied directly to Amazon rather than to these contractors. For instance, they reported to Amazon warehouses each morning, received daily instructions from Amazon personnel, wore Amazon uniforms, drove vans with the Amazon logo, and reported any issues directly to Amazon.

The lawsuit also claims that Amazon had policies in place to evaluate and discipline drivers, rather than such evaluation and discipline coming from Silverstar and Gold Standard.

The updated Amazon overtime lawsuit has separate claims applying only to the two contractors from claims that apply jointly to Gold Standard, Silverstar, and Amazon.

The lawsuit also claims that both workers worked in excess of 40 hours each week on a routine basis. However, they allege that those hours of extra work were not compensated with time-and-a-half wages.

This is just one of the Amazon overtime lawsuits to allege the company is a joint employer according to FLSA. By claiming Amazon as a joint employer, plaintiffs allege that Amazon is responsible for wage and hour violations committed by its contractors.

Wage and Hour Class Action Lawsuits

For workers like these Amazon delivery drivers who believe they have been paid unfair overtime wages, there are federal and state laws put in place. These laws are set to ensure the fair treatment of workers. FLSA rules that protect workers’ rights also protect workers from any retaliation by their employers based on wage and hour complaints.

If you have worked for an employer like Amazon, a subsidiary, or a contractor that has failed to follow the Fair Labor Standards Act or state labor laws, including unpaid overtime wages, you may be able to either join an Amazon overtime lawsuit or file a lawsuit individually.

The Amazon Overtime Lawsuit is Bradley, et al., v. Silverstar Ltd., et al., Case No. 1:16-cv-10259, in the U.S. District Court for the Northern District of Illinois.

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