Forester Haynie is investigating potential claims on behalf of Amazon delivery drivers who worked for Amazon Delivery Service Partners (DSPs) and whether some drivers were misclassified as independent contractors and are owed compensation for unpaid overtime.
Amazon Drivers Under the FLSA
Some Amazon drivers may have received a 1099, been paid a flat rate, or were just told they were independent contractors. However, neither of these things alone actually determine a worker’s classification and whether or not they are considered an employee under the Fair Labor Standards Act (FLSA). Every single detail of the job must be carefully reviewed to ensure workers are classified correctly.
Workers who don’t meet the qualifications to be classified as independent contractors are nonexempt and therefore entitled to overtime. A single workweek is generally 40 hours, every minute over that is considered overtime and nonexempt workers must be paid one and half times their regular rate, or time and a half.
Every Minute Counts for Amazon Delivery Drivers
As most Amazon drivers know, there’s a lot more to the job than just driving from place to place to drop off the goods. Things like vehicle inspections, team meetings, pre- and post-shift tasks, responding to messages after hours, delivering and performing other duties through unpaid meal breaks are small things that only take minutes but they quickly add up.
Who May Be Affected
Current or former Amazon delivery drivers who delivered through a DSP may want to take a closer look at their pay if they experienced any of the following:
- received a 1099 or were told they were independent contractors
- regularly worked overtime without overtime pay
- worked before they clocked-in or after they clocked-out
- worked through meal or rest breaks
- were paid their regular rate instead of time and a half for overtime hours
- noticed their pay stubs did not match the time they worked
Having experienced any of these situations does not necessarily mean someone has a claim. Things like job duties, company pay practices, and control of certain aspects of the job must also be reviewed to determine if someone is owed unpaid overtime.
Think You May Be Owed Unpaid Overtime?
You do not have to have all the details of your employment completely sorted out to begin asking questions. Employers are responsible for keeping wage and hour records but other records you may have could help determine if you have a potential claim.
Helpful information may include:
- pay stubs and tax forms
- schedules, timecards, and route records
- texts or emails about shifts, routes, or required tasks
- notes about work performed before a route, after a route, or during a meal break
Even if some records are missing, describing a typical workday, how pay was calculated, and how often you perform job duties outside your recorded time can be just as helpful.
Contact Forester Haynie
Amazon delivery drivers who delivered through a Delivery Service Partner (DSP) and were classified as an independent contractors may have an unpaid overtime claims and Forester Haynie is here to help. Get started on your claim today and fill out the contact form to receive a free case evaluation!
