Amazon recently failed in its attempt to force Colorado delivery drivers into private arbitration. The proposed class action, filed in May 2023, alleges that Amazon delivery drivers across Colorado are routinely denied bathroom access during their routes, violating state labor laws and disproportionately harming people with typically female anatomy.
According to the complaint, Amazon’s delivery schedules, performance quotas, and surveillance systems make it nearly impossible for drivers to stop working long enough to use a restroom without risking discipline. The case argues that this creates an illegal disparate impact on female workers.
Despite Amazon’s extensive control over drivers, the company claims they are employed by independent Delivery Service Providers (DSPs), not Amazon directly. The lawsuit argues those DSPs exist mostly on paper and operate under Amazon’s exclusive direction, allowing Amazon to benefit from employee-level control while attempting to avoid legal responsibility.
Amazon attempted to force the claims out of court by relying on arbitration agreements between drivers and DSPs. On September 30, 2024, the U.S. District Court for the District of Colorado largely denied that motion and ruled that the workers fall under the Federal Arbitration Act’s transportation-worker exemption. As a result, most state wage claims are moving forward in court as a class action. Discovery is underway.
Public Justice is helping on this case. Their team is working to ensure these drivers get their day in court and to challenge corporate structures designed to avoid responsibility, silence workers, and hide abusive practices behind forced arbitration.
This case is one more example of Public Justice’s unwavering commitment to protecting workers’ rights, promoting equity, and pushing back on corporate systems that restrict access to justice.
At Advocate Capital, we deeply value the work Public Justice does, case after case, they fight to level the playing field for people who would otherwise be outmatched. Their efforts help build a stronger civil justice system, and we are honored to support and spotlight the vital work they do.
