Cohen Milstein is working with California-based Gibbs Law Group to file individual arbitration demands on behalf of Amazon workers in California who have been misclassified as independent contractors and denied the legally required pay—including waiting time, mileage reimbursements, and overtime— and other benefits under California law.

Case Background

Amazon, including its subsidiary Whole Foods Market, hires drivers to deliver packages, groceries, and other goods through its Amazon Flex delivery program. Drivers typically use their own vehicles and sign up for shifts using an app.

The drivers allege that, under California law, they should be considered “employees,” yet Amazon persisted in misclassifying them as “independent contractors.” Amazon intentionally misclassifies these drivers to avoid paying drivers the compensation and benefits they are required to by law. Amazon does not pay drivers for work that occurs to Amazon’s benefit before a scheduled shift officially starts, or after a shift ends. For example, Flex drivers are not paid for time spent waiting at the warehouse or grocery store for packages to be prepared and loaded into their vehicles. Amazon also routinely assigns a volume of deliveries that cannot be completed during the officially scheduled shift, and then neglects to pay drivers for time spent delivering packages after the scheduled end of the shift. Additionally, Amazon does not reimburse Flex drivers for mileage, vehicle maintenance, insurance, or other business expenses.

In recent years, mandatory arbitration agreements have become hurdles for employees to hold corporations accountable for wage violations in court.  While filing in court remains an option for Amazon flex drivers, for now Cohen Milstein and Gibbs Law Group have established an infrastructure to seek justice for Amazon Flex drivers in arbitration. We are currently in the process of filing individual arbitration demands with the American Arbitration Association.

To learn more about the cases, please contact Gustavo Berrizbeitia, Paralegal, Cohen Milstein Sellers & Toll PLLC. His email is: