Google Screened

Are You in the Healthcare Field?

Find Out How We Can Help »
[et_social_follow icon_style="slide" icon_shape="rectangle" icons_location="top" col_number="1" outer_color="dark"]
Millions Recovered For Our Clients No Fees Unless We Win

Amazon Sued Over Labor Laws

February 3rd, 2017
forum

The so called “gig economy,” where people work many different jobs to make a living, has provoked a debate about what to call these workers and how they should be paid. Are these workers independent contractors (self-employed) or are they employees of the company for which they work? Recently three drivers for Amazon sued saying they were owed overtime, back wages, and compensation for their car maintenance, fuel, and other expenses.

Independent Contractor or Employee?

Generally, a person is an independent contractor if the payer controls or directs the result of the work. The person is an employee if the payer can control what will be done and how it will be done. The IRS gives three categories of factors that give evidence as to how much control and independence a person providing services has.

  • Behavioral – Does the payer have the right to control how and what the worker is doing?
  • Financial – Does the payer control whether a worker is reimbursed for expenses, how he/she is paid, and other business aspects of the job?
  • Type of Relationship – Does the worker receive benefits like vacation pay or pension plan? Are there written contracts?

All these factors come into play and will be different in each case. The factors relevant for one case may not apply to another. If a person is classified as an independent contractor and hired for their services, then they are responsible for paying the taxes on their wages. If a person is classified as an employee of a company then the company must withhold income tax and pay Social Security, Medicare, and unemployment taxes on the wages paid.

Amazon Flex

The drivers suing Amazon were part of a new smartphone app called Amazon Flex. The app allows drivers to make their own schedules by choosing their own shifts and scheduling pickups themselves. The app is already functioning in 30 different U.S. cities. The suit, filed in federal court in Seattle, alleges that the drivers should have been classified as employees rather than contractors, and charges that Amazon violated federal labor law when they misclassified employees.

Philadelphia Employment Lawyers at The Gold Law Firm P.C. Protect Victims of Wage and Hour Violations in Pennsylvania

If you are not sure if you have been paid correctly, we can help you recover wages you are owed. At The Gold Law Firm P.C.., our Philadelphia employment lawyers have been fighting for the rights of employees for over 30 years. Call 215-569-1999 for a free consultation about your case, or contact us online.

EMPLOYMENT LAW PRACTICE AREAS
View All Practices
Happening List Winner
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
Silver Client Champion Award 2020
super lawyers badge

As Seen On

avvo lawyers.com Martindale Justia FindLaw
© 2024 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Website Accessibility: Sidney L. Gold & Associates P.C. is committed to ensuring digital accessibility for people with disabilities. We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers, Bar Register Preeminent Lawyer, Happening List Winner, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy, Best Lawyers, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 and Martindale Hubbell Client Champion Silver. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.