Wisconsin Supreme Court upholds decision: Amazon drivers are deemed employees

The Wisconsin Supreme Court on Tuesday 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 are 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.

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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.”