Fair Work has filed two class action lawsuits against Amazon over its failure to pay all tips from customers to the company’s “Flex drivers” – individuals who deliver Amazon products using their personal vehicles, and who are paid per delivery they make.

The first case, filed in the federal District Court for the Western District of Washington, claims that Amazon has violated the Washington Consumer Protection Act, RCW 19.86, by unfairly and deceptively retaining a portion of the Flex drivers’ tips, despite telling customers and drivers that they would receive 100 percent of all tips paid for Flex delivery. The lawsuit is brought on behalf of all individuals across the United States who have worked as Amazon Flex delivery drivers, and seeks repayment of the unlawfully withheld tips, triple damages, interest, and attorneys’ fees.

A copy of the Washington class action lawsuit complaint is available here.

The second case, filed in Massachusetts Superior Court, is brought on behalf of Amazon Flex drivers who worked in Massachusetts. The lawsuit claims that Amazon violated the Massachusetts Tips Act, M.G.L. c. 149, § 152A, by keeping a portion of the tips that customers paid for Flex delivery, rather than distributing the full amount of those tips to the Flex drivers.

The Massachusetts Tips Act is one of the strongest laws in the country relating to employee tip protection. It provides that “no employer or other person shall retain or distribute in a manner inconsistent with [the statute] any tip or service charge given directly to the employer or person.”

The lawsuit also claims that Amazon breached a contract with the Flex drivers by keeping a portion of their tips, and was unjustly enriched as a result of that practice. The plaintiff is seeking to recover all tips that were improperly retained by Amazon, plus treble (triple) damages, interest, and attorneys’ fees.

A copy of the Massachusetts class action lawsuit complaint is available here.

If you worked as an Amazon Flex driver at any time between 2016 and 2019, or have any questions about these cases, please feel free to get in touch with Hillary Schwab or Brant Casavant.


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