At least 15,000 Amazon delivery drivers have filed lawsuits demanding pay for additional hours and unpaid salaries.
Numerous Americans are a part of the "gig economy," where they do occasional work through services like Lyft, Uber, DoorDash, and Instacart. Many workers in these jobs feel that they should be considered employees rather than contractors, and thus deserve more advantages and safeguards.
The distinctions between contract workers and employees have been the subject of much disagreement, including in legal measures such as California's Prop 22, which permits ride-hailing and delivery drivers to be classified as independent contractors with certain additional benefits, like a guaranteed minimum wage.
Amazon Flex, a program introduced in 2015, allows independent contractors to deliver Amazon packages. Flex drivers offer Amazon Fresh food deliveries or same-day deliveries from the company's warehouse facilities. Since the drivers are categorized as independent contractors, these claims demand compensation for unpaid wages and overtime, as well as reimbursement for expenses such as transportation and mobile phone usage.
Lawyers representing the case stated that approximately 450 similar claims had already been lodged with the American Arbitration Association.
Drivers from California, Massachusetts, and Illinois filed the claims due to the clarity of laws pertaining to employee misclassification in these states, and because these jurisdictions permit workers to seek expense reimbursement from employers, according to attorney Steven Tindall. He also mentioned that Tindall and attorney Joseph Sellers have been gathering claims for several years.
When contacted by CNN, Amazon said, "Amazon Flex enables people to manage their own schedule and be their own boss, while earning competitive pay. Most of the Amazon Flex delivery partners appreciate the program's flexibility and the crucial role they play in meeting customer orders." The company's website claims that drivers typically earn between $18 to $25 per hour.
In their statement, the lawyers asserted that Amazon only pays drivers for a set "block" of time on the app, even if deliveries require more than that time.
According to Tindall, the workers opted for individual arbitration instead of a class action lawsuit because they must agree not to pursue class actions as a condition of employment.
"Arbitration is unfortunate since it limits the drivers' pursuit of justice," Tindall said. "As a result, we are compelled to file nearly 16,000 individual arbitration instances simultaneously."
Read also:
The business model of companies like Amazon relies heavily on the use of independent contractors, such as Amazon Flex drivers, to deliver packages. These independent contractors are seeking compensation for unpaid wages, overtime, and expenses like transportation and mobile phone usage, arguing they should be classified as employees with more advantages and safeguards.
The controversy over the classification of independent contractors versus employees in the business sector has led to numerous lawsuits, with at least 15,000 Amazon delivery drivers filing claims demanding changes to their pay and benefits.
