Migliaccio & Rathod LLP is investigating whether Cencora, Inc. (formerly AmerisourceBergen) misclassified certain medical delivery drivers and couriers as independent contractors and failed to pay all wages or reimburse business expenses required by law.
Cencora distributes prescription medications, specialty pharmaceuticals, oncology products, and other healthcare supplies to pharmacies, hospitals, physician offices, and healthcare providers throughout the United States. According to the memorandum, Cencora’s delivery operations present a potential opportunity to investigate whether drivers classified as independent contractors were actually functioning as employees while performing work that is central to the company’s distribution business.
Drivers may personally perform scheduled delivery routes while complying with detailed company procedures governing pickup times, delivery windows, package handling, chain-of-custody requirements, scanning, documentation, and customer-service standards.
Reported Driver Responsibilities and Expenses
Drivers may have been required to:
- report to designated Cencora or AmerisourceBergen distribution centers;
- load pharmaceuticals and medical products;
- complete assigned delivery routes;
- comply with strict pickup and delivery schedules;
- scan products and maintain chain-of-custody documentation;
- obtain customer signatures or delivery confirmations;
- return undeliverable products or paperwork;
- communicate with dispatch throughout the workday;
- provide and maintain their own delivery vehicle;
- pay fuel, insurance, maintenance, repairs, registration, and depreciation;
- use personal smartphones and mobile data; and
- perform loading, waiting, and administrative work without additional compensation.
Why Drivers Should Be Concerned
A contract describing a driver as an independent contractor does not automatically determine the worker’s legal status. Courts generally evaluate the practical realities of the relationship, including company control, economic dependence, and whether delivery services are integral to the company’s operations.
Drivers who personally perform deliveries while following company-established routing, timing, documentation, and customer-service requirements may have employee rights despite being classified as independent contractors.
Drivers also may spend significant uncompensated time performing loading, waiting, paperwork, dispatch communications, returns, and other required work before and after deliveries.
Potential Claims May Include
- Independent-contractor misclassification
- Unpaid overtime
- Minimum-wage violations after business expenses
- Unreimbursed mileage and vehicle expenses
- Unpaid loading, waiting, and administrative work
- Unpaid return-trip time
- Recordkeeping violations
We Are Interested in Hearing From Current and Former Cencora or AmerisourceBergen Drivers Who:
- delivered pharmaceuticals or medical products;
- used their own vehicle for deliveries;
- were classified as independent contractors;
- regularly worked more than 40 hours per week;
- paid fuel, maintenance, insurance, or phone expenses;
- performed unpaid loading, paperwork, or return work;
- complied with detailed delivery procedures or chain-of-custody requirements; or
- believe they functioned as employees despite being classified as independent contractors.
You may have rights even if your agreement referred to you as an “independent contractor,” “medical courier,” “owner-operator,” or “delivery service provider.”
If you delivered for Cencora or AmerisourceBergen and believe you were improperly classified or denied wages or reimbursements, please contact Migliaccio & Rathod LLP. There is no charge to speak with us, and there is no obligation to take legal action.
If you believe you 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.
Migliaccio & Rathod LLP is a Washington, D.C.-based law firm representing employees in class and collective actions nationwide.