Case: Rittmann v. Amazon.com Inc

2:16-cv-01554 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 4, 2016

Case Ongoing

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Case Summary

This case concerns Amazon Flex drivers: whether Amazon properly classifies them as independent contractors and whether their disputes with Amazon are subject to mandatory arbitration. Background Amazon classifies Flex drivers as independent contractors—not as Amazon employees. Amazon Flex drivers use their personal vehicles to deliver products from Amazon facilities to end customers. Flex drivers use an app to claim delivery “blocks” (essentially, shifts). Amazon pays drivers a flat fee for del…

This case concerns Amazon Flex drivers: whether Amazon properly classifies them as independent contractors and whether their disputes with Amazon are subject to mandatory arbitration.

Background

Amazon classifies Flex drivers as independent contractors—not as Amazon employees. Amazon Flex drivers use their personal vehicles to deliver products from Amazon facilities to end customers. Flex drivers use an app to claim delivery “blocks” (essentially, shifts). Amazon pays drivers a flat fee for delivering all of the packages assigned for that “block”—regardless of how long it actually takes drivers to deliver all of the packages. Because Amazon classifies Flex drivers as independent contractors, Flex drivers are responsible for their own vehicle expenses, fuel, maintenance, and insurance. The plaintiffs believed that Amazon’s classification deprived them and other Flex drivers of minimum wage, overtime, and expense reimbursement required under the law.

Filing

So on October 4, 2016, three Amazon Flex drivers filed a putative class action against Amazon, Inc., in the U.S. District Court for the Western District of Washington, on behalf of themselves and on behalf of a nationwide class of Flex drivers. The case was assigned to U.S. District Judge John C. Coughenour.

The gist of the plaintiffs’ lawsuit was this: First, Amazon exercises total control over Flex drivers. The Amazon app tells drivers exactly when to work, where to go, the order of each stop, and even how to interact with customers. Second, because Flex drivers are paid a flat amount for each delivery block—and must cover their own gas, car wear-and-tear, and phone bill—their real take-home pay can drop below the hourly minimum wage once those costs and the extra time spent waiting for packages or traffic delays are counted. The plaintiffs contended that, under wage-and-hour laws, a company that exercises this much control must treat its workers as employees, meaning Amazon should be paying at least the minimum wage (plus overtime and reimbursements) instead of shifting those costs onto the drivers themselves.

The lawsuit asserted claims under the Fair Labor Standards Act (FLSA) for unpaid minimum wage and overtime (Counts I & II), the Washington Minimum Wage Act (Counts III & IV), Washington’s wage withholding statute (Count V), and the Seattle Minimum Wage Ordinance (Count VI). One plaintiff, who worked in California, also asserted claims under the California Labor Code (Counts VII & VIII). The plaintiffs sought compensatory damages, liquidated damages, and attorneys’ fees, on behalf of themselves and the class.

Amazon swiftly moved to dismiss the entire complaint or, in the alternative, compel arbitration. On March 6, 2017, the court granted the motion in part, dismissing all but the California driver'a California Labor Code claim. The court found that the plaintiffs’ complaint lacked enough specificity to proceed, but allowed them to amend it. It declined to rule on the arbitration issue, because a relevant U.S. Supreme Court decision was pending.

On March 22, 2017, the court stayed all further proceedings in the case pending the outcome of that case (Epic Systems Corp. v. Lewis) Amazon had argued that most of the drivers had agreed to individual arbitration under the Flex program’s terms of service. The court agreed that the Supreme Court’s decision would likely clarify whether such agreements barred class litigation.

But Epic Games didn’t resolve the arbitration issue after all, so the district court considered it again two years later, denying (on April 23, 2019) Amazon’s motion to compel arbitration. Washington state law prevented Amazon from enforcing its arbitration agreements, so Amazon had to rely on the Federal Arbitration Act (FAA). The FAA makes agreements to arbitrate irrevocable, and it generally supersedes state laws. But the FAA has an exception for “transportation workers.” This exception applies to “any . . . class of worker[] engaged in . . . interstate commerce.” Amazon argued that the plaintiff Flex drivers weren’t actually crossing state lines, so they weren’t engaging in interstate commerce. But the court found that even if Amazon Flex drivers primarily make local deliveries, they are still the final link in a broader chain of interstate commerce. Accordingly, the court concluded that the plaintiffs were exempt from the FAA and could not be compelled to arbitrate under it.

Amazon appealed to the U.S. Court of Appeals for the Ninth Circuit. On August 19, 2020, the Ninth Circuit affirmed the district court’s ruling. Rittmann v. Amazon.com, Inc., No. 19-35381 (9th Cir. 2020). The circuit court emphasized that the drivers complete the “last mile” of a continuous delivery process involving goods that have traveled interstate, confirming the district court’s interpretation of the law.

The case the returned to district court, where it largely stalled for nearly four years. During this time, the court stayed proceedings multiple times while awaiting guidance from the U.S. Supreme Court in related cases concerning arbitration and worker classification.

In 2024, litigation sped up again. On December 2, 2024, the court granted the plaintiffs’ motion for conditional certification of the class: “All individuals who worked as Amazon Flex drivers since October 27, 2013.”

	Document
1 2:16-cv-01554	Complaint	Oct. 4, 2016	Oct. 4, 2016 Complaint
76 2:16-cv-01554	Order	March 6, 2017	March 6, 2017 Order/Opinion 2017 WL 881384
77 2:16-cv-01554	Order	March 22, 2017	March 22, 2017 Order/Opinion 2017 WL 1079926
115 2:16-cv-01554	Order	April 23, 2019	April 23, 2019 Order/Opinion 383 F.Supp.3d 1196
156 2:16-cv-01554	Opinion from USCA U.S. Court of Appeals for the Ninth Circuit	Aug. 19, 2020	Aug. 19, 2020 Order/Opinion 971 F.3d 904
262 2:16-cv-01554	First Amended Complaint	Feb. 1, 2023	Feb. 1, 2023 Complaint
338 2:16-cv-01554	Order	Sept. 20, 2024	Sept. 20, 2024 Order/Opinion
381 2:16-cv-01554	Order	Dec. 2, 2024	Dec. 2, 2024 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Receipt # 0981-4624311) Attorney Michael C Subit added to party Freddie Carroll(pty:pla), Attorney Michael C Subit added to party Bernadean Rittman(pty:pla), Attorney Michael C Subit added to party Julia Wehmeyer(pty:pla), filed by Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Subit, Michael) Modified on 10/6/2016 to correct the last name of Bernadean Rittmann. (ST) (Entered: 10/04/2016) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER	Oct. 4, 2016	Oct. 4, 2016 Clearinghouse
	Add and Terminate Judges	Oct. 5, 2016	Oct. 5, 2016 PACER
	Hon. Brian A Tsuchida added. (ST)	Oct. 5, 2016	Oct. 5, 2016 PACER
2	Summons electronically issued as to defendant(s) Amazon Logistics Inc, Amazon.com Inc. (Attachments: # 1 Summons)(ST) (Entered: 10/05/2016)	Oct. 5, 2016	Oct. 5, 2016 PACER
	NOTICE TO FILER: When opening a new case, the filer is responsible for entering party text exactly as it appears on the complaint. For example, individually and on behalf of all others similarly situated should have been entered as party text for Bernadean Rittmann . If you have questions about party text, please refer to the Attorney's Guide to Opening a Civil Case on the court's website at wawd.uscourts.gov. The docket has now been corrected. Thank you. (ST)	Oct. 5, 2016	Oct. 5, 2016 PACER
	NOTICE TO FILER: When opening a new case, the filer must enter party names exactly as they appear on the complaint. In this case, Bernadean Rittmann was incorrectly entered as Bernadean Rittman. The docket has now been updated. Thank you.(ST)	Oct. 5, 2016	Oct. 5, 2016 PACER
	Notice to Filer	Oct. 5, 2016	Oct. 5, 2016 PACER
	NOTICE TO FILER: In the future, please enter the parties in the order that they appear on the case caption. In addition to creating a docket that is a true reflection of the complaint caption, it also helps to eliminate dropping parties. The docket is now properly ordered. Thank you. (ST)	Oct. 5, 2016	Oct. 5, 2016 PACER
	NOTICE TO FILER: In the future, do not put a date on the summons form when opening a new case. The Clerk will enter the date when summons are issued. In addition, please use the most updated summons form, which can be found on the court's website at wawd.uscourts.gov. Thank you. (ST)	Oct. 5, 2016	Oct. 5, 2016 PACER
3	NOTICE of Filing of Consents to Sue ; filed by Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer. (Subit, Michael) (Entered: 10/05/2016)	Oct. 5, 2016	Oct. 5, 2016 PACER
4	PRAECIPE TO ISSUE SUMMONS to Amazon.Com, Inc. by Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer (Subit, Michael) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
	Notice to Filer	Oct. 6, 2016	Oct. 6, 2016 PACER
	Order on Application for Leave to Appear Pro Hac Vice	Oct. 6, 2016	Oct. 6, 2016 PACER
	Order on Application for Leave to Appear Pro Hac Vice	Oct. 6, 2016	Oct. 6, 2016 PACER
5	PRAECIPE TO ISSUE SUMMONS to Amazon Logistics, Inc. by Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer (Subit, Michael) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
6	WAIVER OF SERVICE of summons upon defendant Amazon Logistics Inc mailed on 10/6/2016; Amazon.com Inc mailed on 10/6/2016 (Subit, Michael) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
7	Summons electronically issued as to defendant(s) Amazon.com Inc. (ST) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
	NOTICE TO FILER RE DEFICIENCY: Summons submitted for Amazon Logistics Inc cannot be issued as the address block for the plaintiff was not filled in. Please post the corrected summons(es) using the event Praecipe For A Summons under Other Documents. Thank you. (ST)	Oct. 6, 2016	Oct. 6, 2016 PACER
8	APPLICATION OF ATTORNEY Adelaide Pagano FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer (Fee Paid) Receipt No. 0981-4627177 (Subit, Michael) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
9	APPLICATION OF ATTORNEY Harold Lichten FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer (Fee Paid) Receipt No. 0981-4627193 (Subit, Michael) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
10	APPLICATION OF ATTORNEY Shannon Liss-Riordan FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer (Fee Paid) Receipt No. 0981-4627200 (Subit, Michael) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
11	ORDER re 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Adelaide Pagano for Freddie Carroll, Bernadean Rittmann and Julia Wehmeyer, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
12	ORDER re 9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Harold Lichten for Freddie Carroll, Bernadean Rittmann, and Julia Wehmeyer, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
13	ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Shannon Liss-Riordan for Freddie Carroll, Bernadean Rittmann, and Julia Wehmeyer, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
14	NOTICE of Appearance by attorney Suzanne J Thomas on behalf of Defendants Amazon Logistics Inc, Amazon.com Inc. (Thomas, Suzanne) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016 PACER
15	NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 11/15/2016. Please Note: Forms must not be electronically filed with the Court. (AE) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 PACER
16	MINUTE ORDER REASSIGNING CASE by William M. McCool. Case reassigned to U.S. District Judge John C Coughenour for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. Cc to JCC. (AE) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 PACER
17	MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Paul_Pierson@wawd.uscourts.gov at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 12/20/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 10/26/2016)	Oct. 26, 2016	Oct. 26, 2016 PACER
18	ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 10/26/2016)	Oct. 26, 2016	Oct. 26, 2016 PACER
19	NOTICE of filing Opt In Consent Forms ; filed by Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer. (Attachments: # 1 Exhibit A)(Liss-Riordan, Shannon) (Entered: 10/26/2016)	Oct. 26, 2016	Oct. 26, 2016 PACER
20	MOTION for Notice to Be Issued to Similarly Situated Employees Pursuant to 29 USC Section 216(b) by Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer. (Attachments: # 1 Exhibit A - Proposed Notice and Opt-in Form, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Proposed Order) Noting Date 11/11/2016, (Liss-Riordan, Shannon) (Entered: 10/27/2016)	Oct. 27, 2016	Oct. 27, 2016 PACER
21	NOTICE that the following is RE-NOTED: 20 MOTION for Notice to Be Issued to Similarly Situated Employees Pursuant to 29 USC Section 216(b) . Filed by Plaintiffs Freddie Carroll, Bernadean Rittmann, Julia Wehmeyer. Noting Date 12/16/2016, (Subit, Michael) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
22	APPLICATION OF ATTORNEY Allison N. Powers FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-4654763 (Thomas, Suzanne) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
23	APPLICATION OF ATTORNEY James Walsh Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-4654787 (Thomas, Suzanne) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
24	APPLICATION OF ATTORNEY Meredith Riccio FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-4654800 (Thomas, Suzanne) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
25	APPLICATION OF ATTORNEY Richard G. Rosenblatt FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-4654806 (Thomas, Suzanne) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
26	ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Allison N. Powers for Amazon Logistics Inc., and for Amazon.com Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 PACER
	Order on Application for Leave to Appear Pro Hac Vice	Oct. 31, 2016	Oct. 31, 2016 PACER
	Order on Application for Leave to Appear Pro Hac Vice	Oct. 31, 2016	Oct. 31, 2016 PACER
	Order on Application for Leave to Appear Pro Hac Vice	Oct. 31, 2016	Oct. 31, 2016 PACER

Case: Rittmann v. Amazon.com Inc

2:16-cv-01554 | U.S. District Court for the Western District of Washington

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