Amazon Bid to Call Virginia Drivers Contractors Fails on Appeal

The Virginia Employment Commission persuaded the state’s top court Thursday to affirm a ruling that Amazon “Flex” delivery drivers are employees rather than independent contractors for unemployment compensation purposes.

Amazon Logistics Inc. failed to adequately brief its argument that the record didn’t contain sufficient evidence to support an employment classification applying to all Flex drivers under the contract at issue, the Virginia Supreme Court said.

The ruling affirms a Virginia Court of Appeals judgment upholding a finding by the state’s employment commission that Amazon’s “Flex” drivers are employees. The commission ordered Amazon to pay unemployment payroll taxes for the ...