Can Flex drivers claim minimum wage?

Only if they establish employee status, or if their state extends specific protections to app-based workers. That determination is the whole case.

What about vehicle costs?

Employees are generally entitled to expense reimbursement; contractors are not. Unreimbursed vehicle costs are usually the largest component of what these claims seek.

Amazon Flex Lawsuit: Driver Classification and Pay

The Classification Question

Flex drivers are engaged as independent contractors. That status removes the minimum wage floor, overtime entitlement and expense reimbursement that employees receive, and it is what these claims contest.

The applicable test varies by state. Some apply a control-based test asking how much direction the company exercises in practice; others apply a stricter standard that presumes employee status unless narrow conditions are met.

Unreimbursed Costs Are the Real Number

Fuel, vehicle wear, insurance and phone data are borne by the driver. Once those are deducted, effective earnings can fall below the advertised rate, which is the basis of most pay claims.

Tip Handling

A separate line of claims concerned whether customer tips were passed through in full or used to offset the guaranteed rate the company had advertised.

Where This Fits

This page covers one part of a wider set of claims. For the full picture see Amazon Prime Lawsuit Settlement: What It Covers, which sets out how the different claims relate to each other and who each one covers.

Before You Act

Thinking About Filing a Claim?