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.
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128 thoughts onWalmart class action alleges company misclassifies delivery app drivers as independent contractors
I have been a SPARK driver for 7 months. Pay has its ups and downs. Sometimes they will increase our Trip Wages for a couple of weeks only to drop them again. For instance a trip with 3 drops would be $9 – $13 before tip 1 week, then increase to $16 – $20 the next week or two, only to go back down again. I stopped driving for SPARK at the beginning of April 2024 because I had time for 1 shopping trip for a customer. About 18 items, I think 12 miles, for $19 trip plus $10 tip. The total should have been almost $30 paid for the trip. Later that day I looked at my earnings for my payment amount only to see that not only did I not get paid, it also didn’t show the trip at all. I called support who said they see the glitch and they would fix it and I’d get payment within 3 days. 3 days later I called again and they created another ticket, and said it will be fixed soon, but no ETA. Should be no more than 10 days. Today I called again, 24 days after completing my last delivery, and they still have no ETA, and I still haven’t received any response or pay. I don’t know about anyone else, but I can’t afford to work anywhere without pay.
I don’t know I’m doing good over here in NM. I make about $17 to $23 an hour. We don’t have tip baiting at least I haven’t had one yet….I love the fact I can turn the app on when I want and off when I want. I make about $550 a week for about 30 hours a week. If you want a break or go eat just turn app off till your done. My town is smaller then ABQ. I did only one trip in ABQ and it was $8.00 for what ended up being about 22 miles. We’ll I still have to drive back so $8 for 44 miles wasn’t good. So I just stick to my town which might be paying better because it’s more ( country) so often times it’s a full car load for one person. In short I’m happy with Spark. Being a single Mom it’s perfect for when I need money
I worked for Walmart in 2020 to end of 2023 as a spark Driver days driving so much as 250+ miles and working 12 hours and non stop and for months an months there was not a prop22 pay when the time and miles would secure one, tips missing also and I got deactivated after I kept on complaining about missing wages and not once did I get a real answer
I worked for walk delivery aka Spark for almost 2 years now and everyone didnt know use a spark delivery but as walmart deliveryso we didnt get paid like a employer and we should of have cause they made us wait hrs at a time to get the orders and i dont blame someone having a lawsuit on walmart where i sign up at
I sparked in 2023 & I couldn’t help but to feel that I was getting nowhere fast.
I’m having some similar issues with spark. I just started last November and for the most part it was ok at first they say you are in control but you’re not..you can’t negotiate your own price so that’s control taken away there if you reject an offer due to insufficient offer amount they white list you and you stop getting as many orders. If a walamart employee screws up something in the order its you that gets that bad review and tip snatched away. These hourly workers are getting 15 to 19 dollars an hour where as we get on average good day maybe 7 or 8 hour ..the only control we have is what time we turn spark on or off. This is my main job and I work no joke 7 days a week usually 10 hours or more a day and I still ain’t making enough to live on. No benefits they can’t even give us discounted gas at Murphys!!?? I missed out on good paying delivery job with set routes and hourly pay w/benefits cause I couldn’t afford to go interview for them cause I’m stretched to the point I can’t afford not to spark if I’m awake…I literally don’t remember my last day off I think it may have been Christmas idk…I have a kid to raise and home to care for by myself so I can’t afford to rest at these wages. I mean can we at least get a 10% employee discount card like the hourly workers do? Im in TN is there class action here? Where do I sign up ..??