Amazon Prime delivery box. Photo: Diego M. Radzinschi/ALM Amazon 'Flex' Delivery Drivers Wrongly Classified as Independent Contractors, Virginia Court Holds
"I am pleased with the decision from the Court of Appeals and I am proud of my office's efforts to ensure that these workers are treated fairly and given the benefits they right deserve," Virginia Attorney General Jason Miyares said in a statement to Law.com.
September 27, 2023 at 03:36 PM
5 minute read
The Virginia Court of Appeals rejected Amazon Logistics' claims that its Flex delivery drivers are independent contractors rather than employees, agreeing the state's employment commission determined that Amazon met a majority of the 20 factors to show an employer-employee relationship.
Ronald Diggs, a Flex delivery driver for Amazon Logistics, described as "'an Uber-like system' of independent drivers who deliver Amazon packages," filed an unemployment claim in July 2019, but his claim was denied because the Virginia Employment Commission found that Diggs failed to establish he had earning in two quarters within the 2018 period. He submitted tax forms showing he was an Amazon Flex driver in 2018 and requested reconsideration, according to the appellate court's opinion filed Sept. 26.
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