Steven Tindall has specialized in employment and class action litigation for eighteen years. He has been lead or co-lead counsel on several cases that resulted in settlements worth over $1 million.
In 2019, 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.
In 2020, our attorneys are filing individual arbitration demands on behalf of Amazon workers in California who have been misclassified and denied overtime pay and other benefits under California law. We 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.
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.
Learn more about California Labor Law
Our Amazon Flex Lawsuit Attorneys
Dylan Hughes concentrates his practice on investigating and prosecuting fraud matters on behalf of whistleblowers, consumers and employees harmed by corporate misconduct.
Aaron Blumenthal represents consumers, employees, and whistleblowers in class action and other complex litigation.
Joseph Sellers is the chair of the Civil Rights and Employment group at Cohen Milstein, Sellers & Toll, PLLC, where he has litigated civil rights, wage theft, and discrimination class actions for more than 40 years. He has served as class counsel in more than 75 class actions and has tried several class actions to judgment, including the first sexual harassment class action tried to judgment before a jury.
Stacy Cammarano is an Associate in the Civil Rights and Employment group at Cohen Milstein, Sellers & Toll, PLLC where she represents employees in wage theft and discrimination class actions.
Gustavo Berrizbeitia is a Paralegal in the Civil Rights and Employment group at Cohen Milstein, Sellers, & Toll PLLC. Gustavo habla español.
Our California employment attorneys – with over 50 years of collective experience litigating under California employment law – know how to fight for employees’ rights and get them the money they deserve.
We’ve recovered tens of millions of dollars for California employees and represent individuals as well as class actions in virtually every area of California employment and labor laws: California overtime law, off the clock violations in CA, breach of contract disputes, California independent contractor law, sexual harassment, employee misclassification, discrimination, as well as mass layoffs in violation of the California WARN Act.
Our California employment lawyers are repeatedly recognized for their expertise litigating in California. Founding partner Eric Gibbs has been selected as one of the Top Plaintiff Lawyers in California. And seventeen of the firm’s attorneys were selected as Northern California Super Lawyers and Rising Stars, a distinction received by less than 5% of attorneys in Northern California.
Our California Employment Experience
Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”
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