FLSA Suit in FL Gets Amazon Drivers Conditional Cert.

Delivery drivers for Amazon filed a class action lawsuit under the Fair Labor Standards Act ( FLSA ) in Florida for unpaid wages this past summer. Drivers had accused the e-commerce giant of not paying them the correct rate for all hours worked.

Their lawsuit claimed that delivery drivers and driver associates were paid a flat-rate for loading deliveries onto vans each morning and a day rate for delivering packages, regardless of all of the hours they actually worked. Amazon allegedly failed to pay them the required time-and-a-half rate when working over 40 hours per week under the FLSA.

Even though a Florida judge denied these drivers from represent a nationwide class of drivers, the Federal judge did, however, conditionally certify a local class of Amazon delivery drivers. A subclass of drivers working at a Fort Myers facility in Florida will now be able to learn about their potential claims and have a chance to opt into the collective action accusing amazon of FLSA violations.

It is unfortunately a common occurrence that companies will pay workers a set salary or day rate without taking into consideration all of the work hours completed. Workers often miss out on hard earned money when working over 40 hours per week. It is important to never assume you are being paid correctly just because it is the established norm in your industry. Many factors come into play to determine whether an employee is entitled to overtime or not. The best way to understand if you are being paid correctly under the FLSA is speaking to an employment attorney for a consultation.

Fitapelli & Schaffer, LLP offers a free phone consultation and can help determine if you may have a claim. Find out now if you are owed money by calling (212) 300-0375 or by visiting our website for additional information.