Tag Archives: Amazon

Amazon, Walmart and the “Shameless” Economy

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

With holiday shopping in full swing, Gizmodo just ran a long article about how Amazon is using an Uber-like app to hire delivery drivers as independent contractors.

Back in June, I blogged about a Walmart program where Walmart employees were being used to deliver packages. I pointed out in the piece that at least Walmart delivery drivers would be treated as employees in contrast to Fed Ex drivers and now Amazon drivers who have no employment protections like workers compensation or unemployment insurance if they get hurt on the job.

On social media, I’ve pointed out that Walmart actually seems to be better on employee classification than Amazon. That’s a pretty startling admission from me as Walmart has long been a target of criticism for their employment practices from our firm and any other sentient employee rights advocate with a platform.

When I read the Gizmodo article about Amazon, I thought about an episode of Shameless where the ever enterprising Lip underbids illegal aliens on a construction job with a group of rich kids looking to do volunteer work to bolster their college resumes. Up until now, Walmart has been a leader in the low wage economy. But leave it to Amazon to underbid Walmart in the race to the bottom.

What Does Supreme Court’s Warehouse Workers’ Ruling Mean?

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

Last Monday, the U.S. Supreme Court ruled 9-0 that contracted warehouse workers for Amazon did not have to be paid for time spent waiting to clear through an anti-theft security screening after their shifts. Justice Clarence Thomas ruled that time spent in an after-work security screening was not integral and indispensable to the primary activity of a warehouse worker, therefore not covered under the federal Fair Labor Standards Act. So what does that mean for you?

First of all, this should mean that any worker who has to go through a security check after work will not have to be paid by their employer for the time that process takes. However other pre- and post- workday activities should still be covered under the Fair Labor Standards Act. Donning and doffing safety equipment is still compensable because such safety equipment helps an employee work safely. Call-center workers still should be paid for time spent booting up and logging into a computer and phone because a call-center employee is unable to do their job if they are not logged into their phones and computers. Employees should also consult with a lawyer about state wage and hour law as state law may be friendlier to employees.