Facts

Since 1985, Southern California Messengers (SCM) provides high-quality delivery services in various counties across California. SCM provided certain delivery services for Amazon.com in a number of locations. On September 21, 2016, Shaun Baskerville filed a complaint alleging, as to only Southern California Messengers (SCM), certain wage and hour allegations. Amazon was not a named defendant in this case. On September 28, 2016, Davis and Caesar filed the Davis Matter in Los Angeles Court for certain Labor Code violations. Again, Amazon was not a named defendant. Then, on June 16, 2017, the two matters were consolidated and in July 2017, a consolidated complaint against only SCM alleging the same claims on those two matters pursuant to PAGA was filed. Then in October 2018, Amazon Logistics Inc. was named as a defendant with allegations of liability as joint employers.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended the following: failure to pay regular or minimum wages; failure to pay overtime premium pay; failure to provide meal periods or compensation in lieu thereof; failure to provide rest periods or compensation in lieu thereof; failure to reimburse for necessary expenditures; failure to provide accurate itemized wage statements and failure to maintain records; failure to timely pay wages; failure to comply with client employer obligations for subcontracts; unlawful and deceptive business practices; claims for PAGA penalties based on alleged violations, any derivative claims under the Fair Labor Standards Act or any applicable California Industrial Welfare Commission Wage Order; related common law claims for conversion other alleged tortious conduct, breach of contract, and misrepresentation; and other derivative claims under California law including claims for statutory or civil penalties, liquidated damages, punitive damages, interest, attorneys' fees, litigation and other costs, expenses, restitution, and equitable and declaratory relief.

DEFENDANTS' CONTENTIONS: Defendants denied any liability or wrongdoing of any kind associated with the claims asserted in the actions. Moreover, they disputed the damages and penalties claimed by plaintiffs and moreover contended that for purposes, other than the settlement, plaintiffs' claims were not appropriate for class action representation. As to any state, federal and local laws related to the settlement, defendants alleged that it complied with all applicable laws. SCM denied liability for the action or inactions alleged against it and SCM specifically denied any wrongful conduct on the part of SCM itself for providing delivery services on behalf of Amazon. Amazon specifically denied that it employed any of the class members at issue and further denied that it employed any of the class members at issue. Finally, Amazon specifically denied that it employed any of the class members at issue.

Settlement Discussions

The parties attended an all-day mediation with Tripper Ortman, Esq., on September 18, 2019. The subsequent arms-length settlement negotiations resulted in the settlement.

Result

The case settled for $2.8 million.

Other Information

Consolidated with: BC635636