WISCONSIN SUPREME COURT LETS RULING STAND THAT DECLARED AMAZON DRIVERS TO BE EMPLOYEES

The Wisconsin Supreme Court this week let stand a lower court ruling that declared some delivery drivers for Amazon were employees as the state argued, not independent contractors as the online retail giant contended.

The court, in a unanimous decision, said the appeal was "improvidently granted," meaning the Supreme Court should not have reviewed the case. That decision dismissing the case, issued after the court heard oral arguments, leaves a 2023 Wisconsin appeals court ruling against Amazon in place.

That ruling found that drivers in the Amazon Flex program are a part of the state's unemployment insurance system and entitled to jobless pay if they are laid off. The decision means an Amazon subsidiary, Amazon Logistics, will likely be hit with a tax bill of more than $200,000.

Justice Ann Walsh Bradley, in a concurring decision, said the reason the court dismissed the case was that further review "would not serve any meaningful purpose" or any "further development of the law." Justice Rebecca Bradley, in a separate writing, faulted Bradley for trying to explain the court's decision, saying it "will only sow additional confusion."  

The case was closely watched for what effect a ruling would have on workers in the "gig economy" Amazon spokesperson Steve Kelly said the retailer was "disappointed that the Wisconsin Supreme Court declined to weigh in and provide much needed guidance on these matters and are determining our next steps." Labor unions, along with the state Department of Workforce Development, pushed for the Wisconsin Supreme Court to recognize the Amazon Flex workers as employees.