Anne Bucher  |  November 18, 2020

Category: Labour Employment

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Amazon flex sign regarding the class action lawsuit filed

Amazon has been hit with a class action lawsuit alleging it misclassifies delivery drivers whose shifts are directed by the Amazon Flex app as independent contractors instead of employees and has underpaid drivers in violation of the Employment Standards Act and other regulations.

Plaintiff: Amazon Flex App Set Itinerary for Deliveries

Plaintiff Jasjeet Singh of Surrey, British Columbia, says he worked as an Amazon delivery driver from March through April 2019. He was reportedly employed by Danfoss Couriers & Freight, one of Amazon’s delivery service partners.

Singh says that he typically worked two to four days a week, and worked about 25 to 40 hours per week. His scheduled shifts reportedly started at 7:00 a.m. but had no scheduled end time.

At the beginning of his shift, Singh would pick up packages from an Amazon Fulfilment Centre and would load them into the rental vehicle he used to make deliveries. He would then log into the Amazon Flex app from the “Rabbit” handheld personal computer that was provided to him.

According to the Amazon Canada class action lawsuit, the Rabbit functions as a GPS, barcode scanner, telephone and camera. It also has wifi and internet connectivity. The Amazon Flex app allegedly sets the itinerary and driving directions for drivers during their scheduled shifts.

Amazon reportedly set specific timelines in which deliveries were to take place. If Singh became delayed, he says he would be contacted through the Rabbit device and told to pick up the pace.

In the event a package was undeliverable due to a wrong address or another factor outside his control, Singh says he was often asked to reattempt the delivery, which extended his work hours. He says he was also routinely asked to assist other Amazon drivers who were behind in their delivery schedule, which also extended his work hours.

Class Action Lawsuit: Amazon Drivers Misclassified as Independent Contractors

Even though he was technically employed by Danfoss, he says Amazon was the true employer of himself and the other Class Members and that contract drivers have been misclassified as independent contractors instead of employees.

Singh filed the Amazon Canada class action lawsuit on behalf of himself and a proposed Class of current and former workers who delivered packages for Amazon in Canada who were either employed by a delivery service partner or through the Amazon Flex app since Jan. 1, 2016.Amazon delivery van regarding the Amazon Flex class action lawsuit filed

According to the Amazon class action lawsuit, Class Members have substantially the same work function throughout Canada. They pick up packages from an Amazon Fulfilment Centre or distribution centre and make deliveries to customers according to the itinerary on the Amazon Flex app.

“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 theo order in which the packages must be delivered,” Singh alleges in the Amazon Flex app class action lawsuit.

Further, Singh says that Class Members are required to participate in unpaid training to learn about Amazon’s delivery policy and procedures. They are also allegedly told to identify themselves as representatives of Amazon when they are making deliveries.

Singh also claims that Amazon and its delivery service partners “routinely direct, require or permit” Class Members to work overtime hours without compensating them at the overtime rate of pay as required by Employment Standards Regulations. In addition, Class Members are allegedly routinely deprived of mandatory breaks, including meal breaks.

The class action lawsuit accuses Amazon and its delivery service partners of falling to compensate Class Members as required by the Employment Standards Act and other legislation, including payment of minimum wage, statutory holiday pay, vacation pay, premium pay, meal breaks not taken and termination pay.

Amazon Facing Similar Employee Misclassification Class Action Lawsuit

A similar Amazon delivery driver class action lawsuit was filed earlier this year in the Ontario Superior Court of Justice.

Are you a current or former Amazon delivery driver whose itinerary was set by the Amazon Flex app? Did you work overtime hours without overtime pay? Tell us your story in the comments section below.

Singh is represented by Richard J. Chang of Diamond and Diamond Lawyers LLP.

The Amazon Delivery Driver Class Action Lawsuit is Jasjeet Singh v. Amazon Canada Fulfillment Services ULC, et al., Case No. VLC-S-S-2011063, in the Supreme Court of British Columbia, Canada.

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14 thoughts onAmazon Class Action Lawsuit Claims Delivery Drivers Are Misclassified

  1. Walter borlido says:

    I was a flex driver very unfair organization. If you don’t complete all deliveries they threaten you with no shifts. Unrealistic time frames to do deliveries to many packages traffic etc

  2. Anita Diemer Evans says:

    I Am a flex driver for 5 yrs sign me up

  3. Steven says:

    This makes absolutely no sense, I work for the same DSP since 2017 breaks are mandatory, overtime is paid, pay is well above minimum wage and we get bonuses. I worked for Purolator before that for way less money. Looks like Mr Sing is looking for a quick buck because he doesn’t like working. I doubt this goes anywhere because the DSPs and amazon can quickly prove these claims are false.

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