Virginia Supreme Court Affirms Ruling that Amazon “Flex” Drivers Are Employees and Not Independent Contractors

In a notable independent contractor ruling, yesterday, Gov. Glenn Youngkin’s (R-VA) Virginia Employment Commission got the state’s Supreme Court to affirm a state Court of Appeals ruling that Amazon “Flex” delivery drivers are employees rather than independent contractors for purposes of Virginia state unemployment compensation. Virginia’s Employment Commission ordered Amazon to pay unemployment payroll taxes for Flex drivers who sign up via an app to use their own vehicles for 3-to-4-hour delivery shifts.

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