The Wisconsin Supreme Court recently made a decision that could have far-reaching implications for businesses operating in the state. The case in question involved a group of Amazon workers in the gig economy, specifically delivery drivers in the tech giant’s Logistics division. The central issue at hand was whether these drivers should be classified as employees or independent contractors. This debate is not unique to Wisconsin, as similar discussions are taking place on a national level, with significant implications for various aspects of employment law and business practices.
In a lower court ruling, it was determined that the Amazon delivery drivers should be classified as employees, rather than independent contractors. This decision resulted in Amazon being hit with a tax bill of over $200,000. The Wisconsin Supreme Court recently declined to overturn this ruling, stating that the case should not have been taken up in the first place. Justice Ann Walsh Bradley explained that the court did not see any further development of the law arising from the issues presented in this particular case.
The Amazon case revolved around the company’s Amazon Flex program, which allows individuals to use their own vehicles and smartphones to work as delivery drivers on a flexible schedule. The Department of Workforce Development audited over 1,000 delivery drivers in the Milwaukee area who were classified as independent contractors by Amazon. The court ultimately found that the majority of the criteria used to determine independent contractor status were not met, leading to the ruling that the drivers should be considered employees.
This decision could have significant implications for other gig economy companies operating in Wisconsin, such as Uber, Instacart, and DoorDash. The ruling sets a precedent that may influence how the Department of Workforce Development approaches similar cases in the future. While the specific facts of each case will play a crucial role in determining the employment status of workers, the Amazon ruling could serve as a guiding principle for future decisions.
Legal experts and advocates have noted that this ruling may have a ripple effect on other gig economy companies and their classification of workers. The decision could prompt state legislators to clarify the issue through legislation, as seen with a recent bill introduced to address the status of rideshare and delivery drivers. While this particular bill did not move forward, the ongoing legal battles and court decisions may push lawmakers to provide clearer guidelines for businesses and workers in the gig economy.
Overall, the Wisconsin Supreme Court’s decision in the Amazon case highlights the complexities of employment classification in the gig economy and the potential impact on businesses and workers alike. As the legal landscape continues to evolve, it will be essential for companies to carefully assess their employment practices and ensure compliance with state laws and regulations.

















