Migliaccio & Rathod LLP is investigating whether Amazon misclassified Amazon Flex drivers as independent contractors while exercising substantial control over their work, potentially depriving drivers of minimum wages, overtime compensation, reimbursement for business expenses, and other legal protections.
What Workers Report
Workers report:
- Delivering Amazon packages through the Amazon Flex platform.
- Using their own vehicles, fuel, insurance, and mobile phones to complete deliveries.
- Accepting delivery blocks assigned through the Amazon Flex app.
- Following predetermined delivery routes and strict delivery windows.
- Having their performance monitored through GPS tracking and customer metrics.
- Paying significant out-of-pocket expenses for fuel, maintenance, insurance, and vehicle depreciation.
- Working long hours without receiving overtime pay.
- Facing account deactivation based on performance metrics.
Why Workers Should Be Concerned
Although Amazon Flex drivers are generally classified as independent contractors, Amazon allegedly controls many aspects of their work, including scheduling, routing, delivery deadlines, and performance standards. Drivers who supply their own vehicles while working under these conditions may have been improperly classified and denied important wage-and-hour protections.
Potential Claims May Include
- Worker misclassification
- Failure to pay minimum wages
- Failure to pay overtime
- Failure to reimburse business expenses
- Wage theft
- Consumer protection violations where applicable
Signs You May Be Affected
You may be affected if:
- You worked as an Amazon Flex driver.
- You used your own vehicle to make deliveries.
- You paid for fuel, maintenance, insurance, tolls, or phone expenses.
- You regularly worked more than 40 hours in a week without overtime pay.
- Amazon controlled your delivery assignments, routes, or performance metrics.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.