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MADISON, Wis. (AP) — 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.

The court says they are not independent contractors as the online retail giant contended. The court unanimously decided the appeal was “improvidently granted.” That means the Supreme Court should not have reviewed the case.

That decision dismissing the case 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 entitled to jobless pay if they’re laid off.