Patricia Callahan has a long article in tne NYTimes about Amazon's use of contract drivers to deliver its packages, "The Human Cost of Amazon’s Fast, Free Shipping". The deck:
Amazon directs the destinations, deadlines and routes for its network of contract delivery drivers. But when they crash, the retail giant is shielded from responsibility.
We learn:
In its relentless push for e-commerce dominance, Amazon has built a huge logistics operation in recent years to get more goods to customers’ homes in less and less time. As it moves to reduce its reliance on legacy carriers like United Parcel Service, the retailer has created a network of contractors across the country that allows the company to expand and shrink the delivery force as needed, while avoiding the costs of taking on permanent employees.But Amazon’s promise of speedy delivery has come at a price, one largely hidden from public view. An investigation by ProPublica identified more than 60 accidents since June 2015 involving Amazon delivery contractors that resulted in serious injuries, including 10 deaths. That tally is most likely a fraction of the accidents that have occurred: Many people don’t sue, and those who do can’t always tell when Amazon is involved, court records, police reports and news accounts show.Even as Amazon argues that it bears no legal responsibility for the human toll, it maintains a tight grip on how the delivery drivers do their jobs.Their paychecks are signed by hundreds of companies, but often Amazon directs, through an app, the order of the deliveries and the route to each destination. Amazon software tracks drivers’ progress, and a dispatcher in an Amazon warehouse can call them if they fall behind schedule. Amazon requires that 999 out of 1,000 deliveries arrive on time, according to work orders obtained from contractors with drivers in eight states.
And the law?
The law governing independent contractors varies by state, but it all boils down to control: Does Amazon control enough aspects of the drivers’ jobs to make it responsible for their actions?The question of where companies draw the line is a contentious one that has spurred litigation and legislation. FedEx has settled lawsuits in recent years brought by drivers who argued that they functioned as employees, not independent contractors. Last week, Uber and Lyft announced that they would spend $60 million to contest a proposed California law that would force them to treat their contract drivers as employees.In lawsuits, people injured in crashes and drivers in wage disputes have argued that Amazon retains so much control that it effectively is the drivers’ employer.To counter that argument, Amazon says the contractors hire and fire their own drivers. Yet work orders and the court testimony of an Amazon manager reveal that Amazon can demand that contractors bar particular drivers from its delivery force. It directs and tracks drivers’ routes. And Amazon is the sole client for many contractors.The leverage Amazon holds over its delivery contractors was at the heart of bankruptcy proceedings for one such company, Tenet Concepts, last year in Fort Worth. Tenet formed in 2015 just to serve Amazon. The retailer paid a flat rate for each of Tenet’s delivery routes, which the contractor used to pay 300 employees, records show.
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