Jasmine Miller, on behalf of herself, all others similarly situated, and as a representative of the LWDA v. Amazon.com Services LLC, formerly known as Amazon.com, LLC, a Delaware Limited Liability Company; Amazon Logistics, Inc.., a Delaware Limited Liability Company; and Does 1 through 500, inclusive
Published: May 27, 2022 | Result Date: Jan. 13, 2022 | Filing Date: Apr. 17, 2017 |Case number: RG17856888 Settlement – $2,000,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Ronald A. Marron
(Law Offices of Ronald A. Marron APLC)
Michael T. Houchin
(Law Offices of Ronald A. Marron APLC)
Michael D. Singer
(Cohelan, Khoury & Singer)
J. Jason Hill
(Cohelan, Khoury & Singer)
Defendant
John S. Battenfeld
(Morgan, Lewis & Bockius LLP)
Brian D. Fahy
(Morgan, Lewis & Bockius LLP)
Tuyet T. Nguyen Lu
(Morgan, Lewis & Bockius LLP)
Facts
A-1 Express Delivery Service dba 1-800 Courier (A1X) was an independent delivery company that contracted with Amazon Logistics in April 2015 for the provision of delivery services to homes and businesses of Amazon customers in California. A1X declared bankruptcy in 2017 and was purchased by Greenwich Logistics dba 1-800 Courier, who assumed the A1X contract with Amazon. In 2018, Greenwich executed a new delivery services contract with Amazon but ended its contractual relationship in 2020. Jasmine Miller was employed by A1X as a delivery driver, providing package pick-up and delivery services exclusively for Amazon customers from April 2016 to July 2016. Miller individually and on behalf of all others similarly situated filed a class action in Alameda Superior Court against Amazon.com Services LLC and Amazon Logistics, Inc, alleging California Wage Law violations. She later filed a separate PAGA civil penalties action in the same court. Class members in the actions included all persons employed as a W-2 hourly non-exempt employee by A1X or Greenwich Logistics who provided services as delivery drivers pursuant to the contracts between A1X and Amazon and Amazon and Greenwich Logistics to deliver packages to Amazon customers in California from April 19, 2015, to July 31, 2020. In 2019, the parties reached a settlement following an all-day mediation session with Tripper S. Ortmann.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants knowingly and willingly failed to pay regular minimum wages, failed to pay overtime premium pay, failed to provide 30-minute meal periods or compensation in lieu of meal periods, failed to provide off-duty 10-minute rest periods or compensation in lieu of rest periods, failed to reimburse for necessary business expenditures, failed to provide accurate itemized wage statement and maintain accurate records, failed to timely page wages, failed to comply with client employer obligations for subcontractors, and engaged in unlawful and deceptive business practices with its delivery drivers during the relevant time period. Plaintiffs contended that Amazon was liable as a joint employer.
DEFENDANTS' CONTENTIONS: Defendants contended that they were not liable or jointly and severally liable for any claims set forth in plaintiffs' action and at all times complied with applicable state, federal, and local laws.
Result
$2,000,000 settlement
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