Spark® Delivery Drivers Misclassification Lawsuit

Spark®, launched in 2018, is a service company that makes deliveries and returns for Walmart and other retailers. The Spark Driver® app operates in all 50 U.S. states, with more than 17,000 pickup points. When hired, delivery drivers on the app are considered to be independent contractors and part of the gig economy. Recently, drivers on the Spark® app have filed complaints against the company, claiming they were misclassified as independent contractors. 

Unfortunately, companies will try to get away with misclassifying their employees to save money and avoid any legal obligations tied to a regular company employee. In a traditional employee-employer relationship, legally, the company is required to include but is not limited to providing a minimum wage, payroll taxes, overtime, or complying with other wage and hour law requirements such as providing meal periods and rest breaks. Regular employees are also subject to certain protections enforced under the Equal Employment Opportunity Commission (EEOC). The EEOC protects the workplace civil rights of employees, including prohibiting employment discrimination based on factors such as age, race, gender, or disability. Misclassifying their employees as independent contractors allows companies to circumvent these legal requirements.

The best way to understand whether or not you are eligible to recover any compensation is to speak with an attorney. During your meeting, your attorney will calculate a rough estimate for the amount of compensation you may be eligible to recover. However, depending on the case, employees misclassified as independent contractors could be cheated out of a multitude of benefits that a typical employee may receive from their employer. Below are some of the most common damages delivery drivers may be eligible to recover if their employer has misclassified them. 

• Lost wages
• Health benefits
• Unemployment
• Retirement benefits
• Vacation benefits
• Investment benefits
• Workers compensation

To learn more about what you may be eligible to recover with a misclassification lawsuit, you can schedule a free case evaluation today with a Morgan & Morgan attorney to get the compensation you deserve.

Sometimes delivery drivers may not even know that their employer has misclassified them. Spark® delivery drivers can help determine if they have been misclassified if they meet the following criteria:

1. If you worked for Spark® within the last 3 years 
2. Have driven 500+ miles

Speaking to an attorney can help drivers better understand whether or not their employers misclassified them and what their legal options are. For more information on whether you may be eligible for an employee misclassification case, contact a Morgan & Morgan attorney today.

Working with a Morgan & Morgan attorney will significantly boost your chances of receiving compensation for your misclassification case. When you hire a Morgan & Morgan attorney, they will work with you to help you understand whether or not you fit the criteria of a misclassified worker and the laws in place that help protect your legal rights. Once they have verified that you are eligible for a lawsuit, your attorney and legal team will work with you around the clock to gather any evidence, documents, or important information needed to ensure you have the strongest case moving forward.

The answer is always yes. Those who decide to work with Morgan & Morgan never have to worry if they will be able to afford to hire an attorney. Our attorneys work on what is called a contingency fee arrangement, meaning our clients pay no upfront fees for our legal assistance. Instead, we'll only collect a percentage of the court verdict or settlement if we win your case. If we are unable to win your case, there is absolutely no charge to you for our time. Instead, we accept the losses and move on.

For more information on how our attorneys work on a contingency fee, don't hesitate to contact us today.

Delivery Drivers who work or previously worked for Spark® might be eligible to recover compensation if they were misclassified as independent contractors. For more information on if you have been misclassified by Spark®, you can contact a Morgan & Morgan attorney by completing our free, no-obligation case evaluation form today.