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Overtime Pay Lawsuits
Overtime Pay Lawsuits
09 Nov 2016

SEATTLE — A group of delivery drivers contracted to work for Amazon recently filed suit against the online retail giant claiming the defendant should be considered a joint employer and therefore responsible for paying out overtime wages and other benefits. With similar claims recently filed in Washington and California, the new lawsuit could be just one of many suits the retailer will face as more and more hardworking people work to expose questionable business practices aimed at paying workers as little as possible.

According to their complaint, the plaintiffs allege that Amazon should be considered a joint employer along with Silverstar, the company Amazon contracts with to fulfill deliveries, since the defendant oversaw and had a hand in many aspects of the contractor’s work habits. Amazon’s oversight included training the drivers, tracking delivery routes, and even assigning them branded company uniforms to wear while on the job.

While Amazon claims it only contracts with other companies who are ultimately responsible for compliance with federal and state wage laws, the extent to which is oversees and controls employee work habits may ultimately make it liable as well. According to reports, plaintiffs have filed similar lawsuits against other large employers like Walmart and McDonald’s.

Do Independent Contractors Get Overtime Pay?

Under the Fair Labor Standards Act (FLSA), independent contractors are not usually entitled to overtime pay since their labor is contracted through a third-party (like Silverstar in this case) or directly with an individual with the means to fulfill the contract. However, the Internal Revenue Service (IRS) has a 20-factor test to help determine whether the workers hired actually meet those requirements.

Although independent contractors need to meet all 20-factors listed by the IRS, it is vitally important their work adheres to much of the criteria. Some of the benchmarks on the independent contractor test include the contractor’s level of instruction by the client, amount of training, and the right to unilaterally terminate their services as they see fit to do.

Independent Contractor Overtime Pay Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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