Aceolution & Cognizant Lawsuit: Google Maps Drivers Paid on 1099s?

Attorneys working with ClassAction.org are looking to speak with people who worked as Google Maps drivers for Cognizant Technology Solutions and were paid on 1099 forms as part of an investigation into alleged labor law violations.

A lawsuit has been filed claiming Cognizant and Aceolution Inc., a staffing firm used by the company to hire drivers, illegally misclassified drivers as independent contractors instead of employees to avoid paying them proper wages. According to the Aceolution lawsuit, Google Maps drivers were denied pay for some of their hours worked, including time spent performing safety and equipment checks before and after each mapping trip. The workers were also denied time-and-a-half overtime wages for their off-the-clock work, the Google Maps driver lawsuit alleges.

Per the case, Cognizant and Aceolution have violated the federal Fair Labor Standards Act (FLSA), which requires that employees be paid minimum wage for all hours worked and overtime pay when they work more than 40 hours per week.

The attorneys now want to speak with more affected workers to help strengthen the Cognizant Google Maps lawsuit.

Who Can Join the Google Maps Driver Lawsuit?

The attorneys want to speak with those who:

• Currently or formerly worked as a driving field operator (or in a similar position);
• Were paid by Aceolution or another staffing company;
• Worked on Cognizant Technology Solutions’ Google Maps projects; and
• Received a 1099 form.

Aceolution Lawsuit Claims Google Maps Drivers Were Denied Proper Pay

The Google Street View driver lawsuit explains that Cognizant contracts with Google to update, map and verify data for Google Maps. As part of its contract work, Cognizant hires drivers through Aceolution and other staffing firms to drive Google cars equipped with cameras, hard drives and other equipment on assigned routes, the case relays.

According to the Google Maps car driver lawsuit, Cognizant previously contracted with Adecco Group to hire drivers for Google Maps projects. The plaintiff says that while working for Adecco as a Google Maps car driver, he was paid as a W-2 employee. However, in 2023, the plaintiff was told that contracting with Adecco “was too expensive” and that he needed to apply with Aceolution, Derisk Technologies or Service Measures if he wanted to keep his Google Maps driver job, the case says.

The Aceolution lawsuit alleges that although the plaintiff’s offer letter stated he would be “a full-time non-exempt employee,” he was not paid for all hours worked as an Aceolution driver.

According to the lawsuit, drivers are required to begin work by 9:00 each morning and put in at least eight hours per day between sunrise and sunset. Before beginning each trip and after logging into the Smart Drive app, drivers are required to perform a mandatory safety check, which includes checking their fuel tank, tire pressure, brake and taillights, indicators and headlamps, the case says. Drivers must also perform an equipment check, which consists of cleaning the camera and laser, placing the hard drive into the car, checking the hard drive and ensuring that the mapping system is working correctly, according to the suit. The Smart Drive app also asks drivers to verify that they have the required documentation to drive, such as their license, registration, insurance documents and client documentation, per the case. Vehicle and equipment checks must also be performed once the driver returns home, the suit says.

According to the Aceolution lawsuit, these required pre- and post-shift activities take roughly 10 to 20 minutes before and after each trip and are not paid. Aceolution allegedly tells drivers that they will only be paid for “Productive Hours.”

The Cognizant overtime lawsuit argues that drivers should have been paid at least the minimum wage for all hours worked and time-and-a-half overtime wages for hours that exceeded 40 each week. Per the suit, it is the companies’ policy to misclassify drivers as independent contractors and deny them proper wages for off-the-clock work and overtime.

Am I an Employee or Independent Contractor?

There are a number of tests, both at the federal and state level, used to determine whether a worker is an employee or an independent contractor, but nearly all of them consider the degree of control that the company exercises over the worker. In general, the more control the company has over how the worker performs their job, the less likely it is that they are truly an independent contractor in business for themselves.

The Google Maps driver lawsuit argues that the degree of control Cognizant and Aceolution exercise over drivers indicates that they should be classified as bona fide employees rather than independent contractors.

For instance, an Aceolution Google Street View driver allegedly cannot choose the hours they work or the routes they are assigned and is not allowed to turn down assigned routes. Further, drivers must maintain communication with their CTS operations leads via email throughout the day and are required to take three breathalyzer tests per shift, the Cognizant misclassification suit says.

Drivers also have no ability to negotiate their pay and are provided with all the required equipment and materials for their jobs, including a Google car, hard drive, phone, email address and credit card, the case alleges.

According to the Aceolution lawsuit, Cognizant driving field operators do not have their own businesses; they cannot hire or fire workers and, upon leaving, do not go on to work as independent contractors for other companies given that most companies classify Google Maps drivers as W-2 employees, the suit alleges.

According to the lawsuit, Cognizant and Aceolution misclassify drivers as independent contractors in order to avoid paying for benefits, taxes and proper minimum and overtime wages. Unlike independent contractors, most employees are covered by the federal Fair Labor Standards Act, which requires that workers be paid at least the minimum wage for all hours worked and time-and-a-half overtime pay for hours worked over 40 per week.

The lawsuit claims Google Maps drivers are bona fide employees who are owed unpaid wages, including overtime pay, for all their off-the-clock work.

How Could the Aceolution Lawsuit Help?

The Google Maps driver lawsuit could help Aceolution 1099 workers and other affected drivers recover money for any unpaid wages, including time-and-a-half overtime pay. It could also force Cognizant and its staffing firm partners to change how they pay drivers.

Is This an Aceolution Class Action?

No. The Aceolution lawsuit is a collective action, which is different from a class action lawsuit. Though both types of cases seek to represent groups of people who have allegedly suffered similar harms, in a collective action, each person who wants to participate must join the lawsuit by filing a “consent to join” form.

For now, the attorneys are looking to hear from more affected drivers to help strengthen the case against Aceolution and Cognizant.

FAQs

Is Google being sued?

No. The lawsuit, titled Thomas v. Aceolution Inc. et al., was filed against Cognizant Technology Solutions, a Google contractor, and Aceolution Inc., a staffing company, on behalf of certain Google Maps driving field operators who were paid on 1099s.

Is Aceolution a legit company?

Aceolution Inc. is a staffing and IT services company based in Somerset, New Jersey. According to the Aceolution lawsuit, the company hires Google Maps drivers to perform work for Cognizant Technology Solutions as their joint employer.

Who drives the Google Maps car?

According to the Aceolution lawsuit, Google Street View driver jobs are often performed by people who work for companies that contract with Google. The lawsuit alleges that most companies that hire drivers for Google Street View jobs classify their workers as W-2 employees rather than contractors.

Do 1099 workers get overtime?

Independent contractors, who are paid on 1099 forms, are not covered by the Fair Labor Standards Act’s overtime rules. However, just because you received a 1099 doesn’t mean you are not entitled to overtime. Whether a worker is truly an independent contractor (rather than an employee) depends on their actual relationship with the company they work for. In this case, the lawsuit alleges that Aceolution drivers are not independent contractors—and should receive overtime pay—even though they are paid on 1099s.

I drove for a staffing company other than Aceolution. Can I join?

The attorneys want to speak with anyone who worked as a driving field operator on Cognizant’s Google Maps projects, received a 1099 and was paid by a staffing company. If this sounds like you, fill out the form on this page to get in touch.

I was paid on a W-2. Can I join?

The attorneys are looking to speak with people who were paid on a 1099. If you are unsure how you were paid, the attorneys may be able to help determine whether you can join.

Can I be fired or punished for joining?

Federal law prohibits companies from retaliating against workers who exercise their protected rights, including by participating in an unpaid overtime lawsuit.

What is Cognizant’s role?

The Google Maps driver lawsuit claims Cognizant contracts with Google to update Google Maps. The company allegedly trains drivers, provides tools and equipment, assigns operations leads to supervise drivers, assigns routes and approves drivers’ hours.

What You Can Do

After you get in touch, an attorney or legal representative may reach out to you directly to ask you some questions and explain how you may be able to help strengthen the lawsuit. It doesn’t cost anything to fill out the form or speak with someone, and you’re not obligated to take legal action if you decide you don’t want to.

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