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Amazon failed to pay delivery drivers in Canada minimum wage, according to a class action lawsuit filed in the Ontario Superior Court of Justice.
Plaintiff Denver Davis of Brampton, Ontario reportedly worked as an Amazon delivery driver, employed by the Amazon delivery service partner All Canadian Courier, from the summer of 2017 through March 2018.
According to the Amazon delivery drivers class action lawsuit, Denver typically worked five days per week and was paid a flat rate of $160 per day, no matter how many hours he worked. He says he routinely worked 55 to 70 hours per week.
At the beginning of his workday, Denver says he would pick up the packages he was assigned to deliver from Amazon’s Fulfilment Centre in Mississauga, Ontario. On a typical day, he would reportedly have about 150 packages to deliver, although he could have as many as 300 deliveries during peak times.
According to the Amazon delivery drivers class action lawsuit, each workday, Denver would log into the Amazon Flex app and enter his starting mileage. The app reportedly generated an exact itinerary for him to follow when making his deliveries, and Amazon expected him to complete the deliveries within a specified time period.
On some occasions, a package would be undeliverable due to factors beyond his control and he would have to return the undelivered package to the Fulfilment Centre after he finished his assigned route. Denver also says he was routinely asked to assist other delivery drivers who had fallen behind on their deliveries. As a result, he says he ended up working additional hours of work without receiving additional pay.
According to the Amazon delivery driver class action lawsuit, the employees of All Canadian Courier voted to unionize in late 2017, and All Canadian Courier reportedly began withholding shifts from its existing staff, choosing to use workers from a temporary help agency instead.
Denver says his last day of work as an Amazon delivery driver through All Canadian Courier was March 23, 2018. He was not offered any further shifts after this date, but was not provided with notification that his employment had been terminated or pay in lieu of a termination notice.
Denver filed the Amazon delivery driver class action lawsuit on behalf of himself and a proposed Class of current and former workers delivering packages for Amazon in Canada through the Amazon Flex app or employed by a delivery service partner since Jan. 1, 2016.
He also seeks to represent subclasses of Canadians who delivered packages for Amazon and who were classified as independent contractors.
“The performance of Class Members’ work is continuously monitored, controlled and directed by Amazon through the Amazon Flex app which provides Class Members with an exact itinerary to follow in delivering packages for Amazon, including turn-by-turn driving directions, time required to travel from one location to another, and the order in which the packages must be delivered,” the Amazon delivery driver class action lawsuit says.
The complaint also claims Class Members are required to complete unpaid training to learn about Amazon’s policies for making deliveries, and they are told to identify themselves as representatives of Amazon when they make deliveries.
In addition, Amazon and its delivery service partners allegedly require or allow Class Members to work overtime hours without compensating them at the overtime rate of pay. Delivery drivers are also directed or permitted to work through unpaid meal breaks, depriving them of mandatory breaks in their workday.
Amazon also fails to pay Class Members an amount that is equivalent to at least minimum wage, vacation pay, statutory holiday pay, meal breaks not taken, premium pay, and termination pay (when applicable).
Members of the proposed Contract Driver Subclass reportedly perform the same job duties and use the Amazon Flex app just like the other Class Members. However, they may use their personal vehicle and/or their own mobile phone while working to deliver Amazon packages.
Because they use their personal vehicles and phones, they are responsible for paying for the fuel costs, insurance, maintenance, parking fines, and cell phone data that they use while delivering Amazon packages. According to the Amazon delivery driver class action lawsuit, they do not receive reimbursement for these costs.
The Amazon delivery drivers class action lawsuit asserts that the Subclass Members were misclassified as independent contractors when they actually had an employment relationship with Amazon.
Denver is seeking $200 million in general damages on behalf of the Class for loss of wages and pay for minimum wage, overtime, vacation pay, expenses associated with the use of a personal vehicle and/or cell phone to make Amazon deliveries, and other payments owed to the Class Members. He also seeks awards of aggravated, exemplary and punitive damages.
What do you think about the Amazon delivery driver class action lawsuit? Tell us your thoughts in the comment section below!
Denver is represented by Louis Sokolov and Tassia K. Poynter of Sotos LLP.
The Amazon Delivery Drivers Class Action Lawsuit is Denver Davis v. Amazon Canada Fulfillment Services ULC, et al., Case No. CV-20-00642361-00CP, in the Ontario Superior Court of Justice, Canada.
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One thought on Amazon Accused of Failing to Pay Delivery Drivers Minimum Wage
As an employee of an amazon FC I can tell you that unless you have a white and blue badge or a blue badge you are NOT a direct employee of amazon. You have a WORKING relationship with amazon. They reserve the right to terminate you or terminate their relationship with the “agency” that you work for. You work for that agency. That agency pays you. Amazon pays that agency to pay you. Amazon by doing this removes their DIRECT connection to you. To sue. You need to sue the agency. Because your actual relationship is with them. Amazon does this on purpose. For liabilities reasons. As for reimbursement for cell phones? You took on the job. Knowing you needed to use a personal cellphone. If you were not okay paying for this cost. Don’t take the job. That will be amazon’s position as well. No one forced you. But amazon isn’t paying for cellphones or any wear and tear to your car. Again. You chose to do this position. As for overtime. You again chose to. No one forced you. Amazon didn’t get so big by playing fair. They did it by playing SMART. They remove themselves from a lot of situations by the way they set up working relationships with 3RD PARTY like delivery drivers and service masters and on site security personnel’s.