пятница, 8 января 2016 г.

uAmazon Prime Now Drivers In Arizona Sue Company For Misclassification, Wage Theftr


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  • (Alan Rappa)
    Last year, a group of delivery drivers for Amazon’s Prime Now service who worked through third-party services sued Amazon and their employers in California. Now a group of couriers in Phoenix, Arizona are doing the same, pointing out that being required to wear Prime Now uniforms, ask customers to take Amazon surveys, and work fixed hours from an Amazon warehouse should have made them employees of the mega-e-tailer, not independent subcontractors.

    In the suit, filed this week in federal district court, the three lead plaintiffs allege that they and other couriers were misclassified as “independent contractors,” and should have been considered employees under the Fair Labor Standards Act. Employee status would make them them eligible for overtime, vehicle expense reimbursement, and would mean that the employer’s portion of their payroll taxes would be covered by their direct employer, Courier Logistics Service.

    The drivers claim that they’ve been misclassified as independent contractors, even though their jobs really have all of the features of being employees. They report to an Amazon facility at specific times, check in and out with a dispatcher, and are not allowed to refuse assignments.

    Yet they also frequently worked more than 40 hours per week, and also were required to make deliveries in their own vehicles, paying any expenses incurred in the process. They received $16 per hour plus any tips collected through the app. Amazon suggested $5 per delivery, but customers could alter that or give the driver no tip at all. They were prohibited from accepting cash tips.

    They are requesting a jury trial, and that Amazon pay all drivers in Arizona the overtime they would be owed had they worked the same hours while classified as employees, as well as the self-employment tax that they were forced to pay.

    Curry et al. vs. Amazon.com and Courier Logistics Services [PDF download] (via Courthouse News)



ribbi
  • by Laura Northrup
  • via Consumerist


uStates Say Volkswagen Won’t Turn Over Documents In Emissions Investigationr


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  • (Eric Arnold)

    A group of state attorneys general called out Volkswagen on Friday for allegedly withholding documents related to its use of “defeat devices” to skirt emissions standards in 500,000 vehicles in the U.S. 

    Reuters, citing a source close to the matter, reports that VW referenced German privacy law when refusing to share emails between its executives and other communications regarding the emissions scandal with the 48 attorneys generals.

    “I find it frustrating that, despite public statements professing cooperation and an expressed desire to resolve the various investigations that it faces following its calculated deception, Volkswagen is, in fact, resisting cooperation by citing German law,” Connecticut AG George Jepsen said in a statement to Reuters.

    Jepsen said the AGs are working on an investigation that would “hold Volkswagen accountable for its behavior to the extent possible under the law, and we will seek to use any means available to us to conduct a thorough investigation of Volkswagen’s conduct.”

    VW declined to provide comment on its use of German privacy law or the withholding of documents.

    “We are in permanent exchange with U.S. authorities and are cooperating closely with them. We are not commenting on ongoing investigations,” a spokesman for the carmaker tells Reuters.

    Volkswagen blasted for shielding emissions documents from U.S. probe [Reuters]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uColorado AG Investigating Scammers Who Hoard DMV Appointments, Sell Them To Undocumented Residentsr


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  • (Jeffrey Beall)
    When something is free, but it’ll take a long time to get it, there’s always the chance that someone will try to take advantage of the situation to make a profit off impatient people. In Colorado, the attorney general’s office is investigating a scalping scheme that involves scammers hoarding driver’s license appointments with the Department of Motor Vehicles, then turning around and selling them to undocumented residents.

    Many undocumented residents want to get a driver’s license, but are experiencing a long wait to obtain one, more than two years after the IDs were made legal, reports CBS Denver.

    It’s a slow process: there are only three offices in Colorado offering the program, and there’s a three-month wait once you’ve made an appointment. Thousands have yet to get that appointment — which is free — in the first place, which is where the scam comes in.

    “Someone, and we think it’s more than one, have started to hoard the appointments and make them and sell them,” said Attorney General Cynthia Coffman. Her office says they’ve received reports of victims paying up to $1,000 for an appointment.

    “We started receiving complaints November of last year and so did the Division of Motor Vehicles,” she added.

    It’s unclear how many people have been targeted by the scam, or how the scalpers are finding their prey. Groups that work with undocumented residents think victims might be paying for the appointments at neighborhood corner stores, the kind that offer help with taxes, insurances, and other filing duties.

    Coffman says the investigation’s goal is to close any loopholes that have allowed the scam to succeed, and is asking for victims to come forward. Undocumented residents don’t need to be nervous about working with a state agency, she says, and are allowed to remain anonymous.

    “We’re interested in finding who took the money, not the people who have been victimized,” says Coffman.

    Scalpers Sell DMV Appointments To Undocumented Residents [CBS Denver]



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uVictoria’s Secret Giving Away $70 Workout Pants When You Buy $30 Sports Brasr


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  • (Adam Fagen)

    Usually, when someone offers a “Buy X, Get Y Free” deal, Y is something that costs the same or less than X. But that is apparently not the case for a deal currently being offered by Victoria’s Secret. 

    Consumerist reader Kenny was confounded by the math behind the offer: buy a sports bra and get a free “sport pant” to go with it.

    Makes sense for VS to be pushing workout gear, with so many New Year’s resolutions waiting to be fulfilled, but it struck Kenny as odd that lingerie-loving Vicky would give away sport pants that can go for as much as $72 just because someone bought a sports bra, which can cost as little as $30.

    Here’s the deal:

    Screen Shot 2016-01-08 at 2.06.14 PM

    The promotion, which runs until 11:50 p.m. (EST) on Jan. 10, has several caveats, including one free pair of pants per customer, and the purchase can’t include a clearance item. Additionally, to actually redeem the deal, shoppers must enter a code during checkout.

    Of course it’s possible the retailer is offering the deal as a way to move inventory, or in the hopes that once shoppers have one pair of pants in their bag they won’t be able to resist adding another pair. Or the company could be hoping that people forget to enter the code for their free pants, if they have a cart full of items.

    We reached out to VS to ask these very questions, but have yet to hear back.

    It looks like some VS shoppers have already caught on to the unusual offer, since a number of items have already sold out.

    This style of VS "sport pant" only has two print options still available in regular, medium length.


ribbi
  • by Ashlee Kieler
  • via Consumerist


uHow StubHub’s Policies Let Greedy Ticket Sellers Screw Fans Overr


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  • If you buy tickets on StubHub, they come with a guarantee, which is great. Additionally, any seller who cancels tickets after they’ve been sold could face a financial penalty for doing so. But that penalty doesn’t seem to be enough to stop the most unsavory sellers from violating the rules.

    This week, an L.A. Lakers fan made national news after he complained to The Lead Sports about having his StubHub tickets to Kobe Bryant’s final game canceled after he’d already purchased them.

    Back in November, before Bryant officially announced that this season would be his last, the fan and three of his friends figured they might as well buy tickets for the last game of the season just in case it was also Kobe’s final outing in a Lakers uniform.

    So he bought the tickets — four seats in row 17 of Sec. 106 of the Staples Center — and then got incredibly lucky (or so he thought) when Kobe subsequently confirmed his plan to retire.

    Then, on Dec. 15, two weeks after dropping the retirement bomb, the fan got an email from StubHub giving him the bad news: The order had been cancelled because the “seller let us know that they were listed incorrectly.”

    Rubbing salt in the wound, StubHub said that no replacement tickets could be provided because similar seats were now going for nearly $2,000 each — ten times what he’d paid for his seats.

    You can read the full, disheartening email chain on The Lead Sport, but it basically involves the fan fruitlessly banging his head against a wall of incompetence and general shruggery at StubHub, where someone actually had the temerity to conclude a response with “I do hope you find cheaper tickets very soon.”

    Speaking with SFGate.com, a rep for StubHub was apologetic and pointed out that the company’s user agreement states that “Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in the Seller Policies.”

    But as Sports Illustrated’s Brendan Maloy noted, that penalty is only “20% of the ticket price.”

    The fan originally paid $195 each for his tickets. So the seller was hit with about a $40/ticket penalty.

    Right now, if you want to purchase four tickets in that same section, you’ll pay at least $1,325 — per ticket. In fact, there are four seats in the very row where he was supposed to be sitting… at a price of $1,500 a pop:

    Assuming the original seller for these tickets was able to get at least $1,000 each for the seats he’d originally sold for $195, that means he made $4,000 minus the approximately $80 in penalties… so $3,200.

    We’ve seen the same thing happen with ticket resellers at the Super Bowl, where they realize — as late as the day before the very game — that they can make more money by canceling bona fide orders and selling to some deep-pocketed latecomer.

    “The reality is that these instances happen less than 1% of the time,” says the StubHub rep, who probably doesn’t realize how huge that small percentage actually is in real-world terms.

    Think about it: The Staples Center seats 19,000 people for a basketball game. One percent of 19,000 is 190. Even it’s one-tenth of 1%, you’re still talking about 19 fans who could be getting screwed over by greedy resellers — and that’s for a single game at a single venue, for a team that is really, really horrible at basketball right now.

    Even if it’s just this fan and his four friends, that’s still not acceptable. There is no reason to give sellers such an easy out.

    And in fact, it’s possible that StubHub could have done something to compel this seller to make good on his offer.

    In addition to the 20% penalty for canceling purchased tickets, StubHub “reserves the right in its sole discretion to charge your payment method the full amount of the replacement costs StubHub incurs under the FanProtectT Guarantee (including costs in excess of 20% of the ticket price).”

    To us, that means that if StubHub had to go and get this fan some pricey new tickets from someone else, the company had the legal right to charge that cost to the greedy reseller who canceled the original order.

    There is a happy ending to this story. After his tale of woe got heard ’round the world, various NBA sponsors and other companies looking for good publicity reached out to offer him better tickets than the ones he’d been screwed out of.



ribbi
  • by Chris Morran
  • via Consumerist


uMan Shoved 5 Bags Of Frozen Shrimp Down His Pants At Family Dollarr


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  • (WALB)
    At Consumerist, we do our best to bring you the latest news about people stuffing meat, shellfish, or power tools down their pants. It’s only the second week of the year, and there’s already a second “crimes against meat” incident in the news. In Albany, Georgia, a man was caught on camera with three bags of frozen shrimp stuffed down his pants, and two in his back pockets.

    A store employee told police that she had seen the shopper place shrimp bags down his pants, and heard the characteristic “crunch” of frozen food when stopping him at the door. The suspect unhanded (unpantsed?) the five bags of shellfish at the store entrance, then ran away.

    Video? Of course there’s video. If you happen to know this suspect, the Albany police and CrimeSTOPPERS would like to hear from you: contact them at 229-446-9252.

    Shoplifter hid shrimp in his pants [WALB]



ribbi
  • by Laura Northrup
  • via Consumerist


uMotorola Heading To That Cellphone Store In The Sky As Parent Company Lenovo Starts Phasing Out Brand Namer


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  • (Louis Abate)
    Clutch your Razr tight and give the StarTAC under your pillow a pat — the Motorola name will soon be a thing of the past.

    After buying Motorola Mobility from Google in 2014, Lenovo has decided to put the brand name out to pasture as it combines its two phone businesses under the company name.

    Don’t shed too many tears, however, the Motorola name will live on in the corporate realm as a division of Lenovo, Motorola Chief Operating Officer Rick Osterloh told CNET.

    “We’ll slowly phase out Motorola and focus on Moto,” Osterloh told CNET Thursday at the CES conference in Las Vegas.

    The M “batwing” logo will also stay, but the full name won’t appear on Moto products in the near future, and will instead be called Moto by Lenovo. Rhyme-y.

    Goodbye, Moto(rola). Iconic brand name to be phased out [CNET]



ribbi
  • by Mary Beth Quirk
  • via Consumerist