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A group of delivery drivers has sued Amazon.com for alleged employee misclassification, saying that the online retailer failed to provide them the minimum wage, overtime pay and workers compensation coverage while working for Amazon's “Prime Now” service.
Four drivers filed a complaint Tuesday in Los Angeles County Superior Court against Seattle-based Amazon.com Inc., Glendale, California-based Scoobeez Inc., Pasadena, California-based ABT Holdings Inc. and up to 10 John Doe defendants, according to a copy of the complaint posted online by The Consumerist.
The plaintiffs say Scoobeez, a courier company operated by ABT Holdings, hired them to work exclusively for Amazon's Prime Now delivery service, which delivers goods to Amazon customers within two hours. The complaint says that Amazon, Scoobeez and ABT scheduled the drivers to work regular shifts, paid them an hourly rate of $11 plus tips and required them to wear a uniform that identified them as representatives of Amazon Prime Now.
The drivers allege that the companies misclassified them as independent contractors, rather than employees, and denied them benefits and protections they were due under California labor law, according to the complaint. That includes receiving the state minimum wage, overtime pay, workers comp insurance, reimbursement for business-related losses and expenses and covered meal periods.
The lawsuit seeks class action status for Amazon Prime Now drivers, as well as back wages, waiting time penalties, attorney fees and costs and an injunction that would prevent the defendants from classifying similar drivers as independent contractors in the future.
The National Council on Compensation Insurance Inc. has proposed a 2.7% decrease in advisory workers compensation rates next year for Louisiana, the state insurance department said.