The Virginia Supreme Court has upheld a ruling that Amazon Flex drivers are employees and not independent contractors while criticizing the company for changing its arguments after it lost in prior decisions.

Amazon Logistics failed to convince the high court that a ruling that one Flex driver is an employee should not apply to all of its Flex drivers despite originally arguing that the ruling should apply to all drivers.

The firm only reversed itself and argued to restrict the ruling after it lost several earlier rounds in its bid to have its drivers classified as independent contractors and avoid unemployment tax liability.

“Amazon Logistics wrongly asserts before us that it has always maintained one position throughout his litigation,” the high court opinion declares. “Amazon attempts to win thi

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