1000’s of supply drivers filed lawsuits in opposition to Amazon on Tuesday, alleging that the corporate’s classification of them as unbiased contractors quite than workers resulted in unpaid wages and different monetary losses.
The 2 regulation corporations that initiated the motion mentioned about 15,860 Amazon Flex drivers have filed arbitration claims with the American Arbitration Affiliation, which already has 453 comparable circumstances pending.
The Amazon Flex program, which was based in 2015, indicators up drivers to ship packages utilizing their very own automobiles and a particular app.
The corporate sees the job as a versatile part-time alternative that enables folks to earn further earnings throughout the hours they select. In accordance with Amazon, most drivers make between $18 and $25 an hour, however how a lot they’re paid can rely upon different components, comparable to their location and the time it takes to finish a supply.
The arbitration lawsuits filed Tuesday have been introduced by drivers in California, Illinois and Massachusetts, all of which have guidelines that restrict the quantity of management firms can train over unbiased contractors. The claims, compiled over 4 years by attorneys Joseph Sellers and Steven Tyndall, argue that the drivers needs to be categorised as Amazon workers quite than unbiased contractors, based mostly on present legal guidelines in three states.
The change would permit Flex drivers to gather unpaid wages as a result of Amazon solely pays them for a predetermined variety of hours, no matter how lengthy it takes to make deliveries, legal professionals mentioned. It could additionally permit Flex drivers to obtain additional time pay in the event that they work greater than 40 hours per week and to be reimbursed for work-related bills comparable to gasoline prices and automobile put on and tear.
Gasoline and different transportation prices are “an enormous expense for our clients,” Tyndall mentioned in an interview. He additionally mentioned one buyer featured within the claims labored 7 days per week making deliveries for Amazon over the vacation interval and was by no means paid additional time.
In a ready assertion, Amazon spokesman Branden Baribeau touted the advantages of the Flex program, saying it provides “folks the power to set their very own schedule and be their very own boss whereas receiving aggressive pay.”
“We hear from most Amazon Flex supply companions that they love the flexibleness of this system, and we’re pleased with the work they do for patrons on daily basis,” Baribeau mentioned.
Tindall and Sellers say they’ve to this point succeeded in seven of the eight arbitration claims in opposition to Amazon they’ve taken to court docket. The drivers they represented in these circumstances acquired a mean of $9,000 in compensation.
Amazon’s enterprise mannequin for its workforce, which consists of unbiased contractors and third-party companies that permit the corporate to keep away from unionization, has confronted scrutiny and challenges from numerous quarters.
A bipartisan group of greater than 30 U.S. senators final week despatched Amazon CEO Andy Jassy a letter asking him to supply extra details about the corporate’s relationship with 1000’s of unbiased companies that make thousands and thousands of deliveries every day as a part of the Amazon Supply Service Companions program.
In March, the Wisconsin Supreme Courtroom upheld a decrease court docket ruling that declared Flex drivers workers, a call that may have allowed them to be a part of the state’s unemployment insurance coverage system and eligible for unemployment advantages if fired.
The Teamsters union, which is in search of to prepare Amazon drivers, additionally filed a criticism with the Nationwide Labor Relations Board final yr difficult the way in which the corporate classifies a few of its drivers.
