Article: "Amazon Ordered to Pay $62 Million for Withholding Tips To Delivery Drivers" (Source: The New York Times, February 2, 2021) Summary: Amazon has been ordered to pay a settlement of $61.7 million to Flex drivers who had their tips withheld by the company. The lawsuit accused Amazon of violating federal labor laws by not giving Flex drivers the full tips that customers had paid them. Amazon’s Flex program uses independent contractors to deliver packages to customers. Under the Flex program, customers can tip drivers through the app, and Amazon had promised that drivers would receive 100 percent of their tips. Interesting Facts: The lawsuit was filed in 2019 by the Federal Trade Commission (FTC) and charged Amazon with violating the …show more content…
Rule: According to federal labor laws, an employer cannot withhold any part of an employee’s tips. Tips are the property of the employee who earned them. Employers cannot use tips as a credit toward the employee’s minimum wage obligations, or as a means to apply toward any expenses incurred in running the business, except for a valid tip pool. Analysis: The court found that Amazon had violated federal labor laws by not giving Flex drivers the full tips that customers had paid them. Instead, Amazon had used the tips to make up the difference between what was promised to be paid to the drivers and the actual funds needed for minimum payment. Such an act constitutes wage theft, which is a violation of federal labor laws. Amazon’s activities were found to be a deception of the drivers and the customers as the company had promised that drivers would receive 100% of their tips. Conclusion: The court ordered Amazon to pay a settlement of $61.7 million to compensate drivers whose tips were withheld. Additionally, Amazon is required to obtain the drivers' explicit consent before making any changes to their …show more content…
Rule: Federal labor laws stipulate that independent contractors are not entitled to the same protections afforded to employees, such as a minimum wage, overtime pay, and other benefits. However, some states have enacted laws to protect independent contractors from wage theft and exploitation. Analysis: The court ruling against Amazon shows that independent contractors can be exploited and their rights violated. To prevent such situations in the future, lawmakers need to consider strengthening the laws that protect independent contractors and hold employers accountable for wage theft. Companies also need to be transparent about the compensation structure for independent contractors and ensure that tips are not withheld from them, as this can have a significant impact on their earnings. Conclusion: To prevent independent contractors from being exploited and their tips withheld, lawmakers need to consider strengthening the laws that protect them, and companies need to be more transparent about their compensation structure. Ensuring fair compensation for independent contractors will not only benefit them but also help create a more equitable
Jeffrey Angstadt met all of the legal requirements to request FMLA and had every right to get the settlement that he did. He started working for Staples in March of 2007, it was not until September of 2010 that he informed his employer that his wife was extremely sick and need time off. At this point is when Angstadt should have been informed by his manager about FMLA and the proper steps to take in order to protect his job because he have been working at Staple already for 3 years, Staples employees well over 50 people, and his wife was medically verified as seriously ill. In addition to that, Angstadt worked for Staples for another two years before he was fired. As a whole Staples, Inc. and Staples Contract and Commercial, Inc. broke the law for not telling employees about FMLA once they was hired and also not having at least one poster about the act anywhere in the workplace.
The accusation cause a female employee of Target to take Mrs. Moore to a back room where she was questioned and placed under citizen’s arrest. The plaintiff, Mrs. Moore, demonstrated no basis of probable cause. All of Mrs. Moore’s items were priced with numerous price tags but Target stated that it wasn’t unusual for items to be priced more than once. Mrs. Moore also testified that she was humiliated during the arrest and that she had become so anxious and nervous that she could not keep her hands steady in order to etch glass items, which was a side job that she depended on for income.
The issue is whether the state has enough information to charge Mr. Gregg with retail theft in excess of 150 dollars beyond a reasonable doubt. A defendant can be charged with retail theft if the three elements discussed in People v. Hill 2014 IL APP (2d) 121099-U are met “a person commits the offense of retail theft when he or she knowingly: takes possession of, carries away, transfers, or causes to be carried away or transferred, any merchandise displayed, held, stored, or offered for sale in a retail merchandise establishment with the intention of depriving the merchant permanently of the possession, use, use or benefit of such merchandise without paying the full retail value of such merchandise”. When the three elements of retail theft
3. Is it legitimate for a labor organization to negotiate a work preservation clause that seeks to encourage contractors to perform work on the job site using union labor by imposing an economic incentive not to outsource the work elsewhere to lower paid
This transaction was soon brought to the attention of the head of security of Finlay Fine Jewelry, Dietz was asked to go to an interview with some other associates (Walsh, 2013). Legal Issues with the Case /Basis of the Claim With Dietz v. Finlay Fine Jewelry, I see many issues with this case. The plaintiff Melissa Dietz presented many claims to the court. 1. Dietz’s false imprisonment claim was not properly dismissed because Finlay Fine Jewelry had proof that she gave the unauthorized discount.
Legal History/Procedure: The tribunal for the Ellison v. Burger King Corp. case was presiding judge, Blackburn of the Court of Appeals of Georgia. The trial court granted summary judgement in favor of defendants Burger King, SRH (Southern Restaurant Hospitality), Carl Payton (SRH president), and the manager. Ellison appealed the judgement of the trial court to the Court of Appeals contending that material issues of fact impeded summary judgment. Operative Facts: Sharon Ellison, went to a Burger king to put in her order and wanted to know why no one was serving her. She claims the manager on duty put her hands around her neck and eventually started shaking her head.
While the Institute for Justice challenged the Davis-Bacon Act on behalf of small, minority-owned contracting business in 1993. They contended that the law corresponded with the wages paid to union workers therefore provided large union organizations with a prevailing advantage over small, minority-owned
The Department of Labor’s and Hour Division, the DOL, proposed the amendations. The proposal took place on the twenty-eighth of July, 2008. Then, it was not till the fifth of May, 2011 they began amending the Act of 1938. The DOL added what the final rule to the act. This rule stated, “tips are the property of the employee,” “the FLSA does not maximize the percentage on mandatory tools including, employees who receive tips,” “the FLSA requires employers to notify employees of any required tip=pool contribution amount,” and “employers may take the tip credit only for the amount of tips each employee ultimately receives.
Conflicts between workers and employers are prevalent to this day. From fair wages, to better working conditions, and even to appropriate healthcare, there is always some form of questioning that needs to be addressed. Dating back to the late 1800’s the economy and labor market of the United States underwent massive changes which mainly revolved around people of all different racial and socioeconomic backgrounds becoming wage laborers. Due to these previously unheard-of changes, a conflict between the employees and employers began. Therefore, in order to resolve labor issues, through great difficulty workers created unions and protested against their employers.
Labor organizations need to take a stand not allowing for trust to be overpowering in pricing (Doc
There are many places that have similar jobs to Amazon, but pay more to their workers. An example being Stater Brothers. They also pays their workers $21 per hour, while amazon pays only $12 per hour. Stater Brothers also provides full workers benefits, for the worker and their family. Amazon only provides so much, as in insurance, that the employees still have to use money from their own
In conclusion, employment laws in the United States serve a crucial purpose in regulating employer-employee relationships, protecting workers, and promoting workplace safety. While these laws have several positive outcomes, they also introduce challenges for businesses regarding increased costs and administrative burdens. Improvements could be made through simplification, tailored requirements for small businesses, and better coordination between federal and state laws. By addressing these issues, a more balanced and effective legal environment can be established, benefiting employees and
The authors arguable point goes on to talk about the problem with tipping and how the “less discretion you have in the matter, the more useless it is as an economic incentive” (Lewis 21). Lewis’ third point was not a hundred percent convincing “The Case Against Tipping” was a great essay; however, it lacked statistics. If the author gave more statistical facts the essay would in the end be more logical and the author would have better luck pulling in the readers. The examples located in this essay were organized quite well, into a chronological order; therefore, made the entire essay more interesting. Michael included both pathos and ethos into this essay which brought life and significance to each example he presented.
Chipotle has behavior norms in which its employees are expected to display within the restaurant, this includes official characteristics the firm requires them to exemplify (parature.com). These characteristics can be found in table #, they are not only important for customer service but also the career path that Chipotle provides for its top employees. Chipotle has a reputation for great customer service because they understand that they are only as strong as their strongest employee therefore they pay their employees on average more than their competitors. For example a line cook at Chipotle makes $10.93/hr while its direct competitor Moe’s Southwest Grill pay their line cooks only $8.38/hr
For instance, the wage for a cashier is now $11.55 which is only slightly higher than the minimum wages of $11.40 in Ontario. This causes high turnover rate as a lot of staffs are working as part time and frequently quite due to the low pay. A recommendation for Walmart is to develop a formal human resource program and fair performance review process to manage employee compensation. When employees perform at a higher level, their pay rate may be justified according to their performance appraisals. Providing faster promotions is another way to keep people motivated and improve their performance.