Delivery Drivers Are Not Getting Employee Benefits by Being Mislabeled as Independent Contractors

December 19, 2018  |  Employment Law, Overtime Violations
Deliver Drivers Mislabeled as Independent Contractors

In recent years, there has been an increase in the types of deliveries offered by major corporations, from food delivery from different restaurants like Uber Eats to groceries from Amazon. These deliveries have made these corporations very popular with consumers. A consumer is happy to purchase something and have it quickly delivered to them. Because it has become a norm, these companies have hired many delivery drivers as independent contractors. Many companies use this angle to try and dodge paying overtime wages, employee benefits (like retirement and healthcare), workers compensation benefits, and FICA taxes.


Delivery drivers that work exclusively for many months or even years for the same company, contribute little financial investment towards the work relative to the company’s investment and have little control over their schedules, may ultimately be employees under state or federal law instead of independent contractors.  It is critical for these workers re-evaluate their relationship with their employer and how they are classified, even if they have signed an independent contractor agreement.  It is important for workers to know that they cannot waive their right to employee benefits under the federal Fair Labor Standards Act (FLSA) and many state laws even if they signed an independent contractor agreement. These workers may be missing substantial unpaid compensation that would ultimately help their individual bottom line.

What can you do

Baron & Budd is accepting cases for current and former delivery drivers who are mislabeled as an independent contractor when in reality they fully depend on the company they work for. Large companies such as companies such as Amazon, Instacart, Uber, Lyft, TaskRabbit, or DoorDash, may have wrongfully labeled their delivery drivers as an independent contractor. Those current or former workers may be owed unpaid wages and benefits due to the independent contractor misclassification.

Take Action

If you are a delivery driver for any of these companies, and you believe you may have been wrongfully labeled as an independent contractor, please call us at [plink phone=”flsa”] or get started online to learn more about your potential rights.

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