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Amazon to Wisconsin Supreme Court: 'Flex' drivers are not employees (captimes.com)

submitted 11 months ago by alyaza@beehaw.org to c/usnews@beehaw.org

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Attorneys for Amazon and the state will face off before the Wisconsin Supreme Court over whether some of the delivery drivers in the tech behemoth’s Logistics division are considered Amazon employees or independent contractors.

The difference is not merely semantics. If the drivers are found to be employees, as the state Department of Workforce Development believes them to be, Amazon would be hit with a tax bill topping over $200,000.

If the court sides with Amazon, the determination that the drivers are independent contractors could serve as a major win for Wisconsin’s business community. Either way, the ruling will likely affect other services, such as Uber, Instacart or Door Dash, that have become ubiquitous in Wisconsin.

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[–] vrek@programming.dev 6 points 11 months ago (1 children)

I'm not a lawyer but my understanding is that determination comes down to 3 points.

An employee uses company tools and materials. A contractor supplies there own. If Amazon supplies a truck I think this would lean towards employee.
A employee has set working hours. A contractor sets there own hours. I think this leans more on contract cause I thought the point of flex was you make your own hours.
An employee can only work for one company at a time. I don't mean you can't have 2 jobs but you only can do one at a time. Like you can't be a doctor at one hospital and then also be a doctor at another hospital that is competitive. I don't know Amazon's policy on this. Are you allowed to be both Amazon flex and work for like UPS?

[–] Killer_Tree@beehaw.org 9 points 11 months ago (2 children)

"Six of the nine criteria must be met to classify someone is an independent contractor. In the case of Amazon, DWD and the Labor and Industry Review Commission found only one of those conditions was satisfied, ultimately ruling the company must pay over $205,000 in back taxes from 2016 to 2018."

Sounds like some tough sledding for 'zon. I'm tired of companies abusing the "independent contractors" to avoid paying workers.

[–] vrek@programming.dev 2 points 11 months ago

Wow, I thought it was only 3 criteria... Guess that's why I'm not a lawyer. Well now I know better so thanks for teaching me.

[–] JiminyPicket@beehaw.org 2 points 11 months ago

And what is $200K to amazon, it's not even pocket change to them, it's the lint in their pockets, won't hurt them in the slightest.