Walmart App-Based Delivery Driver Accuses Company Of Wage Theft

On November 27, 2023, a class action complaint filed in Washington State court was moved to federal court alleging Walmart improperly misclassified its app-based delivery drivers as independent contractors as opposed to employees, who must receive minimum and overtime wages and other benefits depending on which State an individual resides.

In determining whether a worker should be classified as an employee rather than an independent contractor, courts evaluate various factors that rest on the degree of control an employer has over the worker. Chief among these factors is the amount of control an employer exerts over workers' work schedules and conditions of employment, whether the employer can hire and fire the worker, and whether the employer determines workers' rates and method of pay, among other things.