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Date: 01-27-2023

Case Style:

Elson Marcelo, et al. v., Inc., et al.

Case Number: 21-cv-07843

Judge: James Donato

Court: United States District Court for the Northern District of California (San Francisco County)

Plaintiff's Attorney:

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Defendant's Attorney: Brian D. Berry, Brian David Fahy, Miranda Mae Rowley

Description: San Francisco, California employment law lawyer represented Plaintiffs, who sued Defendant on a Fair Labor Standard Act violation theory.

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Sixteen Plaintiff from California agreed to deliver packages for defendants, Inc. and Amazon Logistics, Inc., through a smartphone app called Amazon Flex. Plaintiffs say that they were misclassified as independent contractors rather than Amazon employees. They allege a dozen federal and California labor law claims against Amazon.

Amazon has asked to compel arbitration of the claims and dismiss the complaint, or, in the alternative, to transfer, dismiss, or stay the case under the first-to-file rule.

Outcome: Transferred to the Western District of Washington.

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