Walmart
- A former Spark driver is suing Walmart over whether delivery workers are employees.
- The lawsuit argues that the platform's rules constitute employment, but hourly earnings don't meet minimum wage.
- Walmart disputes the suit and says Spark drivers are properly classified as contractors.
A former driver for Walmart's Spark delivery service has sued the retailer over whether delivery workers are company employees.
Plaintiff Joshua Walz, who filed the suit late last month in Washington Superior Court, says he made deliveries for Spark before he was deactivated and permanently banned from the platform last year.
The complaint argues that the platform's rules and Walmart's degree of control over how drivers perform the job constitute employment, rather than independent contracting. The suit also says drivers' average hourly earnings are below the state's minimum wage after accounting for time spent driving, waiting, processing returns, and other related tasks.
Walz is asking that the case be certified a class action.
In a statement, a Walmart spokesperson told Business Insider: "We dispute the allegations and believe that drivers who choose to use the Spark Driver platform are properly classified as independent contractors. We will continue defending the company against this litigation."
The complaint includes some episodes that are similar to accounts that drivers for Spark and other services have previously shared with Business Insider.
Walz alleges that while he worked for the service, Walmart would say an order was ready for pickup, but upon arrival he was made to wait while the order was prepared. This waiting time was unpaid, the suit says.
Drivers are expected to collect orders within 10 minutes, but one Alabama worker told Business Insider he once waited for more than an hour while an order was finalized.
According to the lawsuit one Walmart manager gave Walz detailed instructions about how to perform the job, and would supervise the loading of shipments into his vehicle. If Walz's vehicle was not loaded properly, the lawsuit alleges, the manager would cancel the order, revoking his pay.
If Spark drivers were classified as employees, the suit argues, Walmart would be responsible for providing an hourly wage of at least $15.74 (going to $16.28 in 2024), an overtime premium, paid sick time, as well as mandatory rest and meal breaks.
Since launching the Spark service five years ago, Walmart says "hundreds of thousands" of workers have delivered orders, and the number of Spark drivers has tripled in the past year.
The issue of how app-based workers should be properly classified has garnered significant attention from policymakers at the state and federal level, and the White House is currently reviewing a rule that would make it easier for gig workers to be classified as employees.
For Walmart, a shift may be in the works to have more deliveries fulfilled by employees.
"We'll have associates doing more deliveries," CEO Doug McMillon said in September. "Right now, the number of associate deliveries is relatively small — very small compared to what happens with independent contractors on various platforms, including the Spark platform."
If you are a Spark driver who wants to share your perspective, please contact Dominick via email or text/call/Signal at 646.768.4750. Responses will be kept confidential, and Business Insider strongly recommends using a personal email and a non-work device when reaching out.