PHOENIX — Four former delivery workers for Courier Logistics Services LLC, which operated an exclusive delivery contract with Amazon for its same-day service, filed suit against Courier Logistics and Amazon for violations of the Fair Labor Standards Act (FLSA). The suit filed by the four workers, Daniel Curry, Becky Lawrence, Nicholas Mason, and Tyechia Webb, alleged that they have been illegally denied overtime wages under FLSA and were not given the full amount of tips they should have received from delivery customers. This suit comes after a proposed multi-million dollar settlement of another wage suit filed by Amazon warehouse workers regarding denial of wages for time spent in required security screenings. The plaintiffs are seeking to recover all unpaid overtime wages along with other unspecified damages and attorneys’ fees.
Delivery Policy Challenged
According to the suit, Courier Logistics had a consistent policy of requiring its employees to work close to fifty hours per week without paying FLSA’s time-and-a-half required wage rate. The plaintiffs allege that they were misclassified as independent contractors even though Amazon and Courier Logistics had complete control over the manner in which they were required to complete their daily work. They are required to show up for work at a scheduled time every day, are paid by the hour, are prohibited from refusing any deliveries, and are assigned a set delivery schedule. Therefore, the plaintiffs requested for the court to find that Amazon and Courier Logistics willfully denied misclassified employees overtime wages in violation of FLSA.
Misclassification and Employee Status
The Wage and Hour Division of the U.S. Department of Labor issued guidance stating that most workers should be considered employees under FLSA’s broad definition. Under the test for employee status called the “economic realities” test, an individual is an employee if he or she is economically dependent on the putative employer (and thus an employee) or is really in the business for himself or herself (and thus is an independent contractor). It is this test that courts will apply regardless of the label that an employer gives the relationship or any agreement between the two parties.
Employee misclassification remains an important issue that leaves many workers vulnerable to wage theft and other labor law violations. You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel your employee wage rights have been violated because you have been misclassified as an independent contractor. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.