Amazon’s “Flex” program promises freedom - work when you want, earn on your terms. But if you’ve ever driven for Flex, you probably know that the reality doesn’t match the marketing.
According to recent reports, Flex drivers are locked out of the app after working certain hours, penalized for late deliveries even when delays aren't their fault, and subjected to rigid performance metrics. The system tells you when and how to work. That’s not independence. This is control and control is the name of the game when it comes to the distinction between employment status and independent contractor status - think misclassification.
So, that kind of control that Amazon apparently has comes with legal consequences.
Here’s What That Means Legally
If Amazon is telling you when to work, how to perform, and punishing you for noncompliance, they may have misclassified you as an independent contractor when you should be treated as an employee, which gives you access to recover damages in the form of:
Unpaid wages and overtime plus liquidated damages and attorneys' fees
Reimbursement for expenses (like gas and vehicle wear-and-tear)
Other employee protections under wage and labor laws (employer contributions to health insurance, retirement, workers' compensation premiums, paid time off, etc.)
Why You Are Forced into Arbitration
Companies like Amazon often make workers agree to arbitration so they can't sue in open court or join class actions. It’s designed to keep things quiet and discourage claims. But it’s backfiring because thousands of drivers are taking action, one case at a time. And they’re winning.
Know Your Rights - Especially in New York
In New York, the State's Labor Law offers enhanced protections over the Federal Fair Labor Standards Act for misclassifications, including a 6 year statute of limitations rather than a 2 year. Moreover, if you can't prove a misclassification, New York gives freelancers (independent contractors) their own set of labor protections in the Freelance Isn’t Free Act (FIFA). Under FIFA, you have the right to a written contract with specific protective terms, timely payment, and protection from retaliation. If Amazon (or any company) fails to pay you properly or takes advantage of your contractor status, you can pursue legal action, depending on the facts.
Bottom Line
If you’ve worked for Amazon Flex or any gig platform and felt more like an employee than a business owner, you may have a case. The law protects workers from companies that try to cut corners by calling employees “independent contractors.”
You have rights. And at Lieb at Law, we’re here to help you enforce them.
