We filed a lawsuit against Amazon on behalf of Flex drivers. The lawsuit says Amazon intentionally misclassified its California Flex drivers to avoid paying them overtime and to deny them other benefits of California labor law. In California, the penalty for misclassifying workers is up to $25,000 per worker who was misclassified as an independent contractor.
To read a copy of the complaint in the Amazon Flex Driver Lawsuit, click here. Our attorneys are also investigating more broadly whether other Amazon workers are experiencing unfair pay or working conditions, and whether a broader Amazon employee class action lawsuit is warranted.
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Amazon Flex Lawsuit Allegations
We filed the Amazon Flex lawsuit on behalf of a plaintiff who says he worked for Amazon as a Flex driver in 2018, and he “relied on [Flex] as his sole source of income.”
The complaint goes on to say:
[The plaintiff] maintained a near-perfect delivery rating. In late June 2018, Amazon terminated his access to the Flex software application, without explanation. [He] could no longer support himself and lost his house in Oakland, California…. Amazon classifies workers like Plaintiff  as independent contractors. In doing so, Amazon denies them the benefits and protections of California labor law.
Because California Flex drivers should have been classified as employees, according to the lawsuit, Amazon’s treatment of Flex drivers violated California meal and rest break law by failing to provide paid rest breaks and unpaid meal breaks; violated California overtime law by not providing overtime pay for hours worked beyond 8 per day or 40 per week; violated California paystub laws by not providing wage statements with information on hours worked, hourly pay rates, and expense reimbursements; and violated California final paycheck law by failing to provide last-day compensation to Flex drivers that it terminated from the program.
Amazon Flex Class Action Lawsuit: Drivers Can't Be Forced to Arbitrate
Massachusetts Flex drivers secured a recent victory when a federal judge ordered that Amazon could not force the drivers to arbitrate their lawsuit and waive the right to participate in a class action. The judge held that the workers fell into the “transportation worker exception” to the Federal Arbitration Act, which exempts drivers and truckers from arbitration requirements, according to a recent Supreme Court decision.
As a result, these Amazon Flex drivers are allowed to pursue a class action against the company in court. To read a copy of the judge’s order, click here.