Amazon Flex Drivers Lawsuits and Arbitrations (2024)
Winning up to $20,000 for our individual clients in hearings.*
We represent over 20,000 Amazon Flex drivers.
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Why are Flex drivers suing Amazon?
Our Amazon Flex Driver Lawsuits In The News
Our Amazon Flex team has been quoted and featured in news outlets across the country.
“Tindall and Sellers said Amazon only pays the drivers for a pre-determined “block.” If a Flex driver books a three-hour block on the app, they only get paid for three hours, even if deliveries come in that take more time.”
In an interview with The Associated Press, our attorney Steve Tindall said: “one client represented in the claims worked 7-day weeks making deliveries for Amazon during a holiday period and never was paid overtime.”
“Tindall and Sellers say they have so far succeeded in seven of the eight arbitration claims against Amazon they took to trial. The drivers they represented in those cases were awarded an average of $9,000 in damages.”
Additional news outlets that have covered our Amazon Flex lawsuits:
Amazon Flex Driver Lawsuit**: Overview
Our lawsuits allege Amazon Flex was underpaying its Flex employees and failing to reimburse them as required under state employment laws. Our goal is to get Amazon to pay its hardworking Flex employees the money they rightly deserve.
Our legal claims include the following, which may vary by state:
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- Misclassification as independent contractors
- Unpaid wages for true hours worked
- Unpaid overtime for hours worked over 40 per week
- Reimbursement for work-related expenses such as: mileage driven or cell phone usage
You may qualify if you drive or drove as a Flex Driver for Amazon in California, Massachusetts, or Illinois. Contact us to learn more.
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How much money can I get from the Amazon Flex lawsuit?
We have had lots of success already in the cases that have gone to hearing, as arbitrators in six out of eight of the cases have awarded our clients thousands of dollars.
That said, our firms cannot guarantee any specific case results. The prior successful results were dependent on the facts of each individual case and do not guarantee a similar result in future cases. Results may differ in other cases if based on different facts (including the length of time you delivered for Amazon Flex and the state in which you worked), presented to a different arbitrator, or for other reasons.
Is worker flexibility only available to Amazon Flex drivers who are independent contractors?
Amazon claims to classify Flex drivers as independent contractors to guarantee their ability to pick and choose when they work. They fail to mention that they could provide drivers just as flexible a schedule while classifying them as employees and giving them the protections granted to employees under state employment laws.
Moreover, while Amazon attracts drivers with the promise of flexible scheduling, Amazon frequently fails at delivering it. Drivers’ freedom to schedule deliveries is often compromised by harsh realities such as the limited availability of delivery blocks or blocks that include so many deliveries that they take longer than advertised.
Can I join the Amazon Flex lawsuit if I have a wrongful termination or workers comp (injury) claim?
We are only pursuing claims regarding misclassification. If you have a workers‘ compensation claim for injuries on the job or a wrongful termination claim, you should seek the advice of another attorney promptly, as the passage of time may affect your rights. That said, we can still pursue your misclassification claim, and pursuing both separately should have no negative impacts on either case.
Should I file an Amazon Flex claim now?
The statute of limitations for workers to recover lost wages and unpaid benefits varies depending on the state. The longer you wait to file your claim, the less money you may be able to recover. If you wait too long, you may lose your claim forever. If you are unsure about what claims you may have, you can fill out our form and we will send you a survey where you can learn immediately whether you have potential claims.
Don’t wait to file your claim.
You may recover less money if you wait and
You may lose your claim forever.
Can I be compensated for time driving between Amazon delivery centers?
Generally, we seek to obtain compensation for the unpaid time spent driving between delivery centers. That said, time spent commuting to a delivery center from home, or back home from the last delivery of the day is usually considered a regular commute, and is generally not recoverable.
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Will I be paid for all the years I have been an Amazon Flex driver?
It depends. Every claim has a statute of limitations. If some of the time you worked for Amazon is outside the statute of limitations, then you may not be able to recover for work done then. That said, there are some legal arguments for why the statute of limitations can be extended, for certain clients. If that argument is applicable to your claims, we will make it.
How much longer will the Amazon Flex lawsuit take?
Unfortunately, we do not have a way to predict how long the case will take. It is not uncommon for some cases to take 3 to 5 years, or sometimes even more. That said, we are hopeful that will not be the case here.
I no longer have evidence of my work done for Amazon Flex, am I out of luck?
No. Amazon should have records of the work you completed for them. We hope to obtain those records to assist us in pursuing your claim. If, however, you do have documents (electronic or physical) that include information about your time at Amazon, it is very important that you keep those documents safe and DO NOT throw them away or delete any electronic documents related to your work with Amazon.
Is the Amazon lawsuit you are bringing a class action lawsuit?
No, our firm is only filing individual arbitrations due to the arbitration clause every single Flex driver signed when they became a Flex driver.
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What are the legal claims against Amazon?
Because California Flex drivers should have been classified as employees, according to the arbitration claims, Amazon’s treatment of Flex drivers violated California meal and rest break law by:
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- failing to provide paid rest breaks and unpaid meal breaks
- violating California overtime law by not providing overtime pay for hours worked beyond 8 per day or 40 per week
- violated California paystub laws by not providing wage statements with information on hours worked, hourly pay rates, and expense reimbursements
- violated California final paycheck law by failing to provide last-day compensation to Flex drivers that it terminated from the program
Because Illinois Flex drivers should have been classified as employees, according to the lawsuit, Amazon’s treatment of Flex drivers:
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- violated Illinois Minimum Wage Law by not paying the statutory minimum wage for all hours worked or spent training; and again, for failing to pay the statutory overtime rate for all hours worked over 40 in one week
- violated Illinois Wage Payment and Collection Act by failing to reimburse Claimant for business-related expenses incurred during work for Defendants.
Because Massachusetts Flex drivers should have been classified as employees, according to the lawsuit, Amazon’s treatment of Flex drivers violated the Massachusetts Independent Contractor Law; and Massachusetts employment law:
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- by not paying the statutory minimum wage for all hours worked; and again by failing to pay statutory overtime rate for all hours worked over 40 in one week;
- by not reimbursing business-related expenses incurred during Claimant’s work for Defendants;
- by failing to provide Claimant with adequately detailed pay slips.
Related Articles on Amazon Flex Drivers Lawsuits and Arbitrations
Read our press release here:
Our Amazon Flex Lawsuit Attorneys and Team
Steven Tindall
Steven specializes in employment litigation and has been lead or co-lead counsel on several cases that resulted in settlements of over $1 million.
View full profileAshleigh Musser
Ashleigh represents consumers and employees in class actions and mass arbitration involving consumer protection and employment law.
View full profileBrian Bailey
Brian represents clients harmed by misconduct in complex employment discrimination, personal injury, and consumer protection litigation.
View full profileJane Farrell
Jane is passionate about telling clients’ stories and holding employers and corporations accountable.
View full profileJoseph Sellers
Joseph Sellers is the chair of the Civil Rights and Employment group at Cohen Milstein Sellers & Toll PLLC, where he has litigated civil rights, wage theft, and discrimination class actions for more than 40 years. He has served as class counsel in more than 75 class actions and has tried several class actions to judgment, including the first sexual harassment class action tried to judgment before a jury.
Brian Corman
Brian Corman is a partner in the Civil Rights & Employment practice at Cohen Milstein Sellers & Toll PLLC, where he represents victims of employment and housing discrimination and wage and hour violations through class and collective actions and mass arbitrations.
Megan Reif
Megan Reif is a staff attorney in the Civil Rights & Employment practice at Cohen Milstein Sellers & Toll PLLC, where she represents clients experiencing discrimination in the workplace and civil rights violations.
Alex Veith
Alex primarily works with the employment practice group to help clients through all stages of their case.
View full profileAbout Us
Ask about our Amazon Flex Driver Lawsuit
*Our firms cannot guarantee any specific case results. The prior successful results depended on the facts of each individual case and do not guarantee a similar result in future cases. Results may differ in your case because of your individual facts (including the length of time you delivered for Amazon Flex and the state in which you worked), the particular arbitrator assigned to the case, or for other reasons.
**Although we use the term “lawsuit” to refer to our legal claims against Amazon, these claims are actually brought forward as arbitrations, and we are not filing in court.