FORT MYERS — A federal court will allow the conditional certification of a local subclass but not a proposed nationwide class in a lawsuit where delivery associates for two Florida Amazon delivery service providers (DSP) alleged they were not paid overtime.
According to the June 27 U.S. District Court for the Middle District of Florida Fort Myers Division filing, plaintiffs Gregory Gibbs, Tatonya Huggins and others petitioned the court to review a report and recommendation by U.S. Magistrate Judge Mac McCoy and their request to certify two classes of delivery drivers in their case against defendants MLK Express Services, LLC; Amazon Logistics Inc, amazon.com Services Inc., Manihong M. Phanouvong, Lila V. Phanouvong, amazon.com Inc., and AG Plus Express LLC.
Gibbs and Huggins, who worked as delivery associates for MLK, a Fort Myers DSP for Amazon, allege they and "thousands of current and former" delivery associates nationwide were not paid overtime. Gibbs alleges he was paid a flat rate of $100 to $150 per day but that he and Huggins worked between 42 to 65 hours per week and on holidays worked "up to 100 hours per week." Gibbs and Huggins seek to conditionally certify a nationwide class and a local sub-class of Amazon delivery drivers.
Gibbs argues McCoy's report and recommendation are wrong for limiting the local subclass to only MLK drivers at its Fort Myers location.
U.S. District Judge Sheri Polster Chappell disagreed with Gibbs, staring Gibbs "failed to show similarly situated" delivery associates in other locations who "desired to join the action." Polster Chappell noted that Gibbs states employees who "handle" the packages from Amazon the duties of delivery associates outside of the Fort Myers facility are not mentioned.
The court denied the plaintiffs' request for conditional certification of the proposed nationwide class without prejudice but granted the conditional certification of the local subclass. The court limited the local subclass to delivery drivers paid by MLK, those who worked in the Fort Myers facility and those who were paid a "day rate" within the three-year time frame.