A number of Amazon delivery drivers have sued the companies they work for claiming that they’re not being paid properly.
What Can I Do?
If you work or worked delivering packages for Amazon, fill out the form on this page. One of the attorneys working with ClassAction.org may then reach out to you directly to explain more about your rights and why you may have been cheated out of proper pay.
How Could a Lawsuit Help?
A lawsuit could help delivery drivers get back any wages that were illegally withheld from them.
A number of Amazon delivery drivers have sued the companies they work for, alleging that they’re not being paid properly.
It’s believed that hundreds of these companies have cropped up in the past several years to help meet the growing demand for Amazon delivery service – and that the inexperience of these young companies is what’s leading to the alleged wage violations. Read on to learn more.
What Are These Lawsuits Saying Exactly?
The lawsuits are claiming that some companies that contract with Amazon to make deliveries are breaking federal and state law with the way they’re paying their drivers.
Specifically, it’s been alleged that the companies are cheating their drivers out of wages by:
Failing to pay overtime for hours worked beyond 40 in a workweek
Failing to pay for time spent working during unpaid lunch breaks
Misclassifying drivers as independent contractors
Failing to pay day-rate workers properly
Some drivers also say they’re not receiving proper rest breaks and that the companies they work for aren’t properly tracking their hours.
Misclassifying Amazon Drivers as Independent Contractors
It’s believed that some companies that deliver for Amazon are classifying their drivers as independent contractors when they should really be employees.
What’s the Big Deal?
When a company calls someone a contractor when they are legally an employee, that worker is getting cheated out of a number of benefits. This includes the right to collect overtime wages.
Before a company hires someone as an independent contractor, they must make sure that worker meets a strict set of criteria.
Some Amazon delivery drivers are claiming that they weren’t properly classified – and are employees and not contractors – because they:
Wear uniforms, including a shirt, hat and jacket, with the Amazon logo
Use Amazon.com’s “Rabbit” – a handheld device that provides addresses of Amazon customers
Drive a company-owned vehicle
Can be fired if they do not follow the company’s rules
Can’t set their own schedules and must deliver packages by a certain time
Essentially, the workers are claiming that they aren’t forming a business for themselves as they must show up to an Amazon distribution center or warehouse each day they are scheduled to work. Because of this, the drivers are claiming that they should be classified and paid as employees – and not independent contractors.
Failing to Pay Overtime to Day-Rate Drivers
While it’s perfectly legal to pay someone a flat sum per day, most day-rate workers must also receive overtime wages when working more than 40 hours a week.
Some Amazon delivery drivers are claiming, however, that they’re not getting time-and-a-half overtime in addition to their day rates and are suing to collect these unpaid wages. Further, some drivers are saying that the companies they work for claim that their “per day rate” inherently covers a certain amount of overtime work. This is also illegal, lawsuits say, because overtime wages are paid based on how many hours are worked per week, not per day.
How Could a Lawsuit Help?
A lawsuit could help Amazon delivery drivers get back any of the wages they should have been paid but weren’t. Furthermore, it could help ensure the companies that contract with Amazon for deliveries change their policies so that their workers are properly compensated.
To learn more about these lawsuits and to find out if you could be owed unpaid wages, fill out the form on this page. It doesn’t cost anything to contact us or to speak with the attorneys handling this investigation. Plus, you’re never obligated to take legal action just because you’ve talked to someone about your rights.