A new wage and hour lawsuit has just been filed against Amazon.com following
the launch of it’s instant delivery system – Prime Now. Prime
Now offers “instant delivery” – offering shoppers the
option to request the delivery of thousands of items within one-to-two
hours. The lawsuit alleges numerous violations, including failing to pay
overtime, failing to provide breaks, and failing to pay minimum wage.
The workers also assert that Amazon wrongly classified them as independent
contractors when they were effectively employees. Although the Amazon
Prime Now drivers were hired by a third party contractor, according to
the lawsuit, they exclusively performed work for Amazon, wore Amazon Prime
Now uniforms and took regular shifts and assignments from the company
— signs that they are being treated as employees and thus entitled
The Fair Labor Standards Act (FLSA) as well as other similar state laws
require that workers be paid at lease minimum wage, and non-exempt workers
be paid overtime compensation for all hours worked in excess of 40 in
any one work week.
Here, the minimum wage complaint alleges that the plaintiffs were promised
$11/per hour plus tips, along with $2.50 per delivery. However, the drivers
later were required to sign contracts that eliminated the delivery fees.
They also assert that they are unclear whether they received the tips
they deserve because payments are received through the app, which makes
a precise accounting difficult. Further, because drivers must use their
own vehicles, pay gas and other expenses out of pocket, the actual take
home pay can amount to significantly less than required by minimum wage laws.
Federal and state law have numerous different laws protecting workers and
ensuring they receive the pay they deserve. If you have any
wage and hour questions or concerns, please do not hesitate to contact the experienced
Atlanta FLSA lawyers at Buckley Beal, LLP for an immediate consultation.