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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130 thoughts onWalmart class action alleges company misclassifies delivery app drivers as independent contractors
I drive for Spark in Indiana
Add me. I was wrongfully deactivated for no reason. I did 3 appeals. Haven’t heard anything
Add me. I was wrongfully deactivated. I spark for Camilla ga. I have did 3 appeals.
Please add me.
I deliver in Pennsylvania via SPARK APP for Walmart
I drive for spark in Mobile Al
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I delivered for Walmart on the Spark platform in Arizona from June of 2022 to March of 2023
I deliver for spark in Phoenix Arizona for a year and 1 month now
Add me! I went 3 weeks in October without being paid, which is a violation of the contract on their end. Problem is all we can do is request arbitration and that takes months and lots money. I finally begged, pleaded, and screamed at enough people to get it elevated after two weeks and it took another week to get paid.
I have
I currently drive for spark. Walmart also allows the customer to tip bait for faster delivery. The customers then take the tips back after services are completed and they have the items they’ve ordered. Up to this point I would say a couple hundred dollars have been taken away from me. I’ve also be deactivated once for fraudulent claims by customers lying about not getting their orders, without any investigation conducted.
Please add me. I worked for Wal-Mart/Spark for a couple months. 1 night I went to p/u order with 12+ items. After paying for tolls and gas the Walmart employee tells me “nothing is available and they’re closing”. Supposedly not 1 item was available, in a Wal-Mart supercenter, so I couldn’t make the delivery and received no compensation from Wal-Mart. After days of back and forth they offered me $1.87 smh, a shame. And yes they do allow customers to rescind their tips up to 48 hours after a completed delivery. Please contact and quote me
I have been driving for spark for 8 months working 12 hours a day 7 days a week
Please add me
I have and still do deliver when I have time. I’m curious to know if this makes a difference as far as filing taxes?
I currently do Spark. PLEASE ADD ME. I agree with wll these comments
Add me. Thank you.
I currently deliver for walmart and spark delivery.
I drive, today wasn’t a good day, a couple pulled they guns out, all because l was black, l had to yell l was delivering for walmart and the guy replied “Oh, girl you better had said something”, so l called customer service and he was like l need ti calm down and l was like no this is my life and he was like l know but you need to calm down, so l said yall don’t care about us drivers and hung up the phone.
Wtf is your point?