A new wage and hour lawsuit has just been filed against Amazon.com following the launch of its 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 to protections.
The Fair Labor Standards Act (FLSA) as well as other similar state laws require that workers be paid at least minimum wage, and non-exempt workers be paid overtime compensation for all hours worked in excess of 40 in any one workweek.
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 laws 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 Bala Wilson Mew LLP for an immediate case evaluation.