Per AG Racine, in 2016 Amazon instituted a new payment strategy whereby, rather than adding customer tips to a Flex driver’s overall compensation, the company used it to pay wages the driver had already earned. That allowed Amazon, in effect, to pocket the difference, treating the tips as company profits and using them to drive down costs rather than giving workers what they’d earned.
That’s only the prosecutorial side of the story, of course. At the same time, Amazon definitely has a difficult position going into the case – they quietly reimbursed drivers for tips stolen in this manner as part of a settlement with the FTC (via FTC). AG Racine’s allegation, therefore, is less whether Amazon did or did not stiff its Flex drivers – as a matter of record, they did. The issue is whether they have unlawfully escaped punishment for doing so.
That said, past failings do not equal present wrongdoing. The question of what penalties the world’s largest retailer should suffer for its failures and who is entitled to enforce them depends on the legal system, and the legal system has not yet rendered a verdict.
For now, Amazon itself has remained silent on AG Racine’s accusation, as it generally has in cases where the facts are not absolutely damning. As the case proceeds, Amazon’s legal team will no doubt have a great deal to say.
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