Wisconsin Supreme Court Upholds Decision, Deems Amazon Flex Drivers as Employees
ICARO Media Group
In a significant ruling, the Wisconsin Supreme Court has affirmed a lower court's decision declaring that certain delivery drivers for Amazon are employees, not independent contractors. The unanimous decision by the court dismissed the appeal, stating that further review would serve no meaningful purpose or contribute to the development of the law.
The case revolved around the classification of drivers in the Amazon Flex program, a gig economy initiative that allows individuals to use their personal vehicles to deliver packages. The 2023 ruling from the Wisconsin appeals court, which is now upheld, found that these drivers should be considered part of the state's unemployment insurance system and entitled to jobless pay in the event of layoffs.
As a result of the decision, Amazon Logistics, a subsidiary of the online retail giant, may face a tax bill exceeding $200,000. The court's determination would require the company to contribute towards unemployment benefits for the affected drivers.
Justice Ann Walsh Bradley, in a concurring decision, stated that further review of the case would not be beneficial to the law's development. However, Justice Rebecca Bradley criticized Bradley's explanation, arguing that it would lead to additional confusion.
The ruling carries implications beyond Wisconsin, as courts across the country grapple with the classification of gig economy workers. The so-called gig economy, which relies on smartphone apps to hire workers for various tasks, has prompted legal battles regarding worker misclassification.
Labor unions and the state Department of Workforce Development were proponents of the Wisconsin Supreme Court recognizing Amazon Flex drivers as employees. Stephanie Bloomingdale, president of the Wisconsin AFL-CIO, hailed the court's action as a victory for working people, stating that misclassification of employees as independent contractors often denies essential workplace rights.
The Wisconsin case is expected to resonate through similar court cases involving gig companies nationwide. Samantha Prince, an expert on worker misclassification and the gig economy, emphasized the urgency for cases to be resolved, citing the overwhelming impact on the legal system and the need for companies to pay their fair share if drivers are deemed employees.
Each state has its own set of laws determining employee status, setting rules for wages, overtime, and unemployment benefits. In the Amazon Flex program, employees used a personal app to accept delivery blocks and follow suggested routes while using their personal vehicles for deliveries.
The case was initiated when an Amazon Flex worker applied for unemployment insurance after being terminated. Following an audit of over 1,000 Amazon Logistics drivers, the Wisconsin Department of Workforce Development determined that the drivers were employees and notified Amazon of owing more than $205,000 in unemployment insurance premiums.
Initially, a Waukesha County circuit court judge ruled in favor of Amazon Logistics, categorizing the drivers as independent contractors. However, the Wisconsin Court of Appeals overturned this ruling, agreeing with the state's assessment that the drivers should be classified as employees, leading to the appeal to the Wisconsin Supreme Court.
This decision adds to the growing legal complexity surrounding gig economy workers and highlights the ongoing debate over the proper classification of these individuals. It also underscores the importance of addressing and resolving such issues to provide clarity and protection for both workers and employers.
While Wisconsin's ruling specifically addresses the employment status of Amazon Flex drivers, it contributes to the broader conversation on worker rights and the evolving landscape of the gig economy.