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Thursday, June 13, 2024 | Back issues
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Amazon Prime Drivers|File Class Action

PHOENIX (CN) - Amazon.com dictates nearly every aspect of its Amazon Prime delivery drivers' work day but misclassifies them as independent contractors to duck overtime and labor laws, drivers say in a federal class action.

Daniel Curry and three other named plaintiffs sued Amazon.com and Courier Logistics Services on Tuesday under the Fair Labor Standards Act.

Amazon contracts with Courier Logistics Services to employ hundreds of drivers in Phoenix, Curry et al. say. They say they typically worked five to 10 hours of overtime per week, without appropriate pay.

Here are some of the requirements of their jobs, according to the complaint:

They had to deliver packages within two hours for Amazon Prime members who placed orders on the Amazon Prime Now app, or within one hour if the customer paid an additional fee.

"Delivery drivers reported to and worked exclusively out of an Amazon warehouse."

"Delivery drivers are required to wear shirts and hats bearing the Amazon Prime Now logo and Amazon and Courier Logistics provide delivery drivers with a smart phone pre-loaded with the Prime Now mobile application."

Drivers are assigned to "fixed shifts during Amazon's Prime Now service hours."

They are "required to report to the Amazon warehouse 15 minutes before their scheduled start time," but are not paid for those 15 minutes.

They must check in with the dispatcher at the beginning of each day, and check out at the end.

"Amazon decides which packages will be assigned to delivery drivers and makes their work assignments."

"Delivery drivers cannot reject work assignments."

The drivers make the deliveries in their own personal vehicles.

Curry et al. say that both Amazon.com and Courier Logistics Services acted as their employers and each company had the authority to set their wages, hire and fire them, and control their working conditions.

Drivers were paid $16 per hour and were classified as independent contractors.

They say the app allows customers to tip drivers, who "are prohibited from accepting cash tips," but the drivers never received the full amount of tips customers left for them.

They estimate there are more than 300 current and past employees of Amazon.com and Courier Logistics Services who may qualify as class members.

Trey Dayes, their lead attorney, declined to comment.

Amazon.com did not respond to a request for comment.

The drivers seek class certification, lost wages, liquidated damages, attorneys' fees and costs.

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