Walmart class action alleges company misclassifies delivery app drivers as independent contractors

Walmart delivery drivers class action lawsuit overview: 

• Who: Joshua Walz filed a class action lawsuit against Walmart Inc., Delivery Drivers Inc. and his Walmart supervisor, Ashley Hatfield. 
• Why: Walz claims Walmart misclassified as independent contractors individuals who provided delivery services for the company through its Spark Driver program.
• Where: The class action lawsuit has been removed to Washington federal court. 

Walmart misclassified delivery drivers who provide a delivery service for the company through its Spark Driver program as independent contractors, when, in reality, they should be classified as employees, a new class action lawsuit alleges. 

Plaintiff Joshua Walz claims Walmart, by way of allegedly misclassifying its delivery app drivers, fails to pay them minimum wage, tips and overtime wages; fails to ensure rest periods and provide meal periods; and fails to allow the accrual and use of paid sick leave. 

Walz argues delivery drivers who provided a delivery service for Walmart were too controlled by the company to count as independent contractors, rather than employees. 

“Defendant Walmart substantially restricted how Plaintiff and members of the putative class performed the duties of their job,” the Walmart class action states. 

Walz wants to represent a class of individuals who are or have been contracted by Walmart to provide delivery services to Walmart locations in Washington at any time since Oct. 23, 2020, and who were paid in whole or in part on a piecework, commission or other productivity basis. 

Walmart delivery app drivers treated like employees, class action says

Walz argues delivery drivers who provide services for Walmart through its Spark Driver program are tightly controlled by the company, which he claims directs how goods can be loaded in their vehicles and unilaterally sets their compensation and method of pay, among other things. 

“Defendants had the ability to set terms and conditions of employment of Plaintiff and members of the putative class to a substantial degree and all had the ability to hire and fire,” the Walmart class action states. 

Walz claims Walmart is guilty of violating the Washington Minimum Wage Act, Washington Wage Rebate Act and the Washington Wage Payment Act. 

The plaintiff is demanding a jury trial and requesting an award of exemplary damages for himself and all class members. 

A separate class action lawsuit was filed against Walmart in August by a consumer arguing the company failed to make its website fully accessible to and independently usable by individuals who are blind or visually impaired. 

Have you provided delivery services to Walmart through its Spark Driver program? Let us know in the comments.

The plaintiff is represented by James B. Pizl, Justin Abbasi and Ari Robbins Greene of Entente Law PLLC. 

The Walmart delivery drivers class action lawsuit is Walz, et al. v. Walmart Inc., et al., Case No. 3:23-cv-06083, in the U.S. District Court for the Western District of Washington.

Read About More Class Action Lawsuits & Class Action Settlements:

• Lady Jane’s class action claims salon misclassifies employees as independent contractors
• Geico class action claims insurer misclassifies agents as independent contractors
• Wells Fargo employees at 2 branches file for unionization
• University of Connecticut lawsuit claims school discriminated against assistant professor