1000’s of supply drivers filed authorized claims towards Amazon on Tuesday, alleging the corporate’s classification of them as impartial contractors as a substitute of workers has led to unpaid wages and different monetary losses.
Two regulation corporations spearheading the motion mentioned about 15,860 Amazon Flex drivers have submitted arbitration claims with the American Arbitration Affiliation, the place 453 comparable instances are already being litigated.
Amazon’s Flex program, which was based in 2015, indicators up drivers to ship packages with their very own automobiles and a particular app.
The corporate pitches the work as a versatile, part-time alternative that enables folks to earn further earnings throughout the hours they select. Most drivers earn $18-25 per hour, in keeping with Amazon, although how a lot they receives a commission can rely on different elements, reminiscent of their location and the way lengthy it takes to finish deliveries.
The arbitration claims submitted Tuesday have been made by drivers in California, Illinois and Massachusetts, all of which have guidelines that restrict the quantity of management corporations can exert over impartial contractors. The claims, collected over a span of 4 years by attorneys Joseph Sellers and Steven Tindall, preserve the drivers ought to be categorized as Amazon workers as a substitute of impartial contractors, based mostly on present legal guidelines within the three states.
That change would permit Flex drivers to gather unpaid wages as a result of Amazon solely pays them for a pre-determined variety of hours no matter how lengthy it takes to finish deliveries, in keeping with the legal professionals. It could additionally permit Flex drivers to obtain extra time pay in the event that they work greater than 40 hours per week and get reimbursements for work-related bills, reminiscent of gasoline prices and automobile put on and tear.
Fuel and different automobile prices are a “big expense to our shoppers,” Tindall mentioned throughout an interview. He additionally mentioned one shopper represented within the claims labored 7-day weeks making deliveries for Amazon throughout a vacation interval and by no means was paid extra time.
In a ready assertion, Amazon spokesperson Branden Baribeau touted the advantages of the Flex program, saying it provides “people the chance to set their very own schedule and be their very own boss, whereas incomes aggressive pay.”
“We hear from many of the Amazon Flex supply companions that they love the pliability of this system, and we’re happy with the work they do on behalf of shoppers each day,” Baribeau mentioned.
Tindall and Sellers say they’ve to this point succeeded in seven of the eight arbitration claims towards Amazon they took to trial. The drivers they represented in these instances have been awarded a mean of $9,000 in damages.
Amazon’s enterprise mannequin for its driving workforce – made up of impartial contractors and third-party companies that permit the corporate to keep away from unionization – faces scrutiny and challenges from totally different corners.
A bipartisan group of greater than 30 U.S. senators despatched Amazon CEO Andy Jassy a letter final week asking for extra data on the corporate’s relationship with the 1000’s of impartial companies that make tens of millions of deliveries every day as a part of Amazon’s Supply Service Companions program.
In March, the Wisconsin Supreme Court docket let stand a decrease court docket ruling that declared Flex drivers to be workers – a call that might permit them to be a part of the state’s unemployment insurance coverage system and entitled to jobless pay if they’re laid off.
The Teamsters union, which is searching for to prepare Amazon’s drivers, additionally filed a criticism on the Nationwide Labor Relations Board final yr difficult how the corporate classifies a few of its drivers.
