On Courier 365/Web to Door/Amazon Settlement

Kendall Prater v. On Courier 365, Web to Door, and Amazon Logistics, Inc. et al.
Superior Court of the State of California – County of San Mateo
Case No. 20-CIV-02814

The Superior Court of the State of California, County of San Mateo has preliminarily approved the Settlement as fair and reasonable. The Court will hold a Final Approval Hearing on June 24, 2024 at 3:00 p.m., before the Honorable Raymond Swope in Department 23 of the Superior Court of California, San Mateo Country.

The Second Amended Complaint asserts claims against ONCI, WTD as well as Amazon Logistics, Inc., and Amazon.com, Inc. (“Amazon”) (collectively, “Defendants”), and alleges the following claims on behalf of the California Class Action Members: (1) failure to pay regular pay/minimum wages; (2) failure to pay overtime premium pay (including, but not limited to, the failure to properly calculate the regular rate of pay); (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide rest periods or compensation in lieu thereof; (5) failure to reimburse for necessary business expenditures; (6) failure to provide accurate itemized wage statements and failure to maintain records; (7) failure to timely pay wages; (8) failure to provide a copy of signed documents; (9) retaliation; (10) failure to maintain accurate records; (11) failure to provide paid sick days/written notice; and (12) unlawful and deceptive practices in violation of California’s Unfair Competition Law.

The Second Amended Complaint also alleges on behalf of the PAGA Settlement Group Members that the Defendants are liable for civil penalties pursuant to the Private Attorneys General Act of 2004, California Labor sections 2698 et seq. (“PAGA”).

The Second Amended Complaint additionally alleges that both the California Class Action Members and Utah Collective Action Members are entitled to wages and liquidated damages pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”).

Defendants deny all of the claims in the Consolidated Complaint, and deny any and all liability or wrongdoing with respect to the allegations made in the Consolidated Complaint.  Defendants additionally contend that, for any purpose other than this Settlement, none of the claims in the Consolidated Complaint are appropriate for class, collective action, and/or representative treatment.  Amazon further specifically denies that it was an employer or joint employer of any Settlement Class Member, each of whom was employed by ONCI or WTD.  However, Defendants have agreed to the Settlement to avoid continued litigation.