Amazon Delivery Driver Files Class Action Over Alleged Misclassification, Labor Law Infractions

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An Amazon.com, Inc. delivery driver who was allegedly misclassified as an independent contractor has filed a proposed class action over potential violations of California labor laws.

The lawsuit claims the plaintiff should have been designated as a non-exempt employee – rather than a contractor – in part because he worked full-time for Amazon, who maintained strict control over his performance and duties. For example, the complaint says the man was provided with either a three-, four- or five-hour window to make all his deliveries and was required to use the defendant’s software and alert Amazon when each delivery was completed. The man’s alleged misclassification supposedly resulted in a slew of labor law violations.

According to the case, which has been recently transferred to Washington federal court, the plaintiff was not provided with proper meal/rest breaks or compensated for breaks he never took. Additionally, the man claims that upon arriving at the warehouse each day, he was required to wait in line for his delivery items for 10 to 30 minutes without pay. The lawsuit says the plaintiff’s wages were further reduced by out-of-pocket expenses for gas and car maintenance that Amazon failed to reimburse.

The case goes on to claim the plaintiff was not lawfully provided with paid sick leave or an extra hour of wages for split shifts, during which he allegedly had to wait hours after completing his work before receiving the next group of deliveries. Lastly, Amazon, the suit says, allegedly failed to make timely payment to employees who had been discharged or quit, and deprived workers of accurate wage statements during their employment.