Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 1 of 11 PageID 1
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`
`Case No.:
`
`TIMOTHY COLEMAN,
`
` Plaintiff,
`vs.
`
`AMAZON.COM, INC; AMAZON
`LOGISTICS, INC.; AMAZON.COM
`SERVICES, INC.; JARS TD, INC.
`
`
` Defendants.
`____________________________/
`
`
`
`
`
`
` COMPLAINT AND DEMAND FOR JURY TRIAL
`
`
`
`
`
`Plaintiff, TIMOTHY COLEMAN (“Plaintiff”), by and through undersigned counsel, files
`
`this Complaint against Defendants , AMAZON.COM, INC., (“ACI”) a Foreign for Profit
`
`Corporation; AMAZON LOGISTICS, INC., (“ALI”), a Foreign for Profit Corporation;
`
`AMAZON.COM SERVICES, INC. (“ACS”), a Foreign for Profit Corporation (ACI, ALI, and
`
`ACS) are hereinafter collectively referred to as “Amazon”); JARS TD, INC. (“JARS”) a Domestic
`
`For Profit Corporation, (collectively hereafter as, “Defendants”) states:
`
`JURISDICTION AND VENUE
`
`1.
`
`Jurisdiction in this Court is proper as the claims are brought pursuant to the Fair
`
`Labor Standards Act, as amended (29 U.S.C. § 201, et seq., hereinafter called the “FLSA”) to
`
`recover unpaid back wages, an additional equal amount as liquidated damages, and reasonable
`
`attorneys’ fees and costs.
`
`2.
`
`This Court has jurisdiction over Plaintiff’s FLSA claims pursuant to 28 U.S.C.
`
`§1331, arising under 29 U.S.C. §216(b).
`
`
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`
`Case No.:
`
`TIMOTHY COLEMAN,
`
` Plaintiff,
`vs.
`
`AMAZON.COM, INC; AMAZON
`LOGISTICS, INC.; AMAZON.COM
`SERVICES, INC.; JARS TD, INC.
`
`
` Defendants.
`____________________________/
`
`
`
`
`
`
` COMPLAINT AND DEMAND FOR JURY TRIAL
`
`
`
`
`
`Plaintiff, TIMOTHY COLEMAN (“Plaintiff”), by and through undersigned counsel, files
`
`this Complaint against Defendants , AMAZON.COM, INC., (“ACI”) a Foreign for Profit
`
`Corporation; AMAZON LOGISTICS, INC., (“ALI”), a Foreign for Profit Corporation;
`
`AMAZON.COM SERVICES, INC. (“ACS”), a Foreign for Profit Corporation (ACI, ALI, and
`
`ACS) are hereinafter collectively referred to as “Amazon”); JARS TD, INC. (“JARS”) a Domestic
`
`For Profit Corporation, (collectively hereafter as, “Defendants”) states:
`
`JURISDICTION AND VENUE
`
`1.
`
`Jurisdiction in this Court is proper as the claims are brought pursuant to the Fair
`
`Labor Standards Act, as amended (29 U.S.C. § 201, et seq., hereinafter called the “FLSA”) to
`
`recover unpaid back wages, an additional equal amount as liquidated damages, and reasonable
`
`attorneys’ fees and costs.
`
`2.
`
`This Court has jurisdiction over Plaintiff’s FLSA claims pursuant to 28 U.S.C.
`
`§1331, arising under 29 U.S.C. §216(b).
`
`
`
`1
`
`
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 2 of 11 PageID 2
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`3.
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`Venue is proper in this judicial district because at least one of Defendants
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`maintains offices within this judicial district and the events giving rise to Plaintiff’s claims
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`occurred in this judicial district.
`
`PARTIES
`
`4.
`
`At all times relevant hereto, Plaintiff performed work within Memphis,
`
`Tennessee.
`
`5.
`
`At all times relevant hereto, Plaintiff handled goods that had moved in interstate
`
`commerce on a daily basis delivering packages to customers of Amazon.
`
`6.
`
`At all times relevant hereto, Plaintiff has been a current or former “employee” of
`
`Defendants as that term is defined by the FLSA, 29 U.S.C. §201 et seq, as he was suffered and
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`permitted to work delivering packages to Amazon customers in connection with their purchases
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`from Amazon.com.
`
`7.
`
`Defendant ACI is a foreign corporation that operates and conducts business in this
`
`county, as well as nationwide, and is therefore within the jurisdiction of this Court.
`
`8.
`
`ACI may be served with process upon its registered agent Corporation Service
`
`Company, at 1013 Centre Road, Wilmington, Delaware 19805.
`
`9.
`
`Defendant ALI is a Foreign Corporation that operates and conducts business in
`
`this county, as well as nationwide, and is therefore within the jurisdiction of this Court.
`
`10.
`
`ALI may be served with process upon its registered agent Corporation Service
`
`Company at 2908 Poston Avenue, Nashville Tennessee 37203.
`
`11.
`
`Defendant ACS is a foreign corporation that operates and conducts business in
`
`this county, as well as nationwide, and is therefore within the jurisdiction of the Court.
`
`12.
`
`ACS may be served with process upon at its address at 2908 Poston Avenue,
`
`
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`2
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 3 of 11 PageID 3
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`Nashville, Tennessee 32703.
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`13.
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`Defendant, JARS, is a Domestic For Profit Corporation with its principal office
`
`located at 2650 Thousand Oaks Boulevard, Suite #2370, Memphis Tennessee 38118..
`
`14.
`
`JARS operates and conducts business in the Memphis Tennessee area and is
`
`therefore, is within the jurisdiction of this Court.
`
`15.
`
`JARS may be served with process upon its registered agent, Juan Soto at 2650
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`Thousand Oaks Boulevard, Suite #2370, Memphis Tennessee, 38118.
`
`16.
`
`On information and belief, JARS provides delivery Associates to Amazon as a
`
`Delivery Service Provider.
`
`17.
`
`On information and belief, Amazon contracts with and/or otherwise directs
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`JARS to deliver Amazon packages from Amazon Delivery Stations located in Memphis,
`
`Tennessee.
`
`A.
`
`Employment Relationship
`
`FLSA COVERAGE
`
`18.
`
`The FLSA defines the term “employer” to broadly include “any person acting
`
`directly or indirectly in the interest of an employer in relation to any employee”. 29 U.S.C.
`
`203(d).
`
`19.
`
`On information and belief, Defendant Amazon.com Inc., is the parent corporation
`
`of Amazon.com Services, Inc. (formerly Amazon.com, LLC), as well as Amazon Logistics, Inc.,
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`and together they operate one of the largest, if not the largest, ecommerce and logistics company
`
`in the world.
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`20.
`
`Through
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`the operation of
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`the Amazon.com website (www.amazon.com)
`
`
`
`3
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`
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 4 of 11 PageID 4
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`customers throughout the United States can and do purchase goods and/or materials which are
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`then shipped throughout the United States to each customer’s address.
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`21.
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`In addition, Amazon is in the business of providing delivery service to customers,
`
`and that is the service that delivery drivers, such as Plaintiff, provide. The drivers’ services are
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`fully integrated into Amazon’s business and managed by Amazon due to the level of control and
`
`oversight utilized by Amazon.
`
`22.
`
`To ensure the highest customer service, satisfaction and companywide uniformity,
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`Amazon dictated and directly managed Plaintiff’s employment with local delivery companies
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`such as JARS , including, but not limited to:
`
`a. Requiring Plaintiff to submit to an Amazon background check and
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`participating in the decision to hire Plaintiff;
`
`b. Training Plaintiff;
`
`c. Dictating the manner and type of clothing to wear;
`
`d. Determining the make, model and style of delivery van to be used while
`delivering packages;
`
`e. Determining the location where Amazon packages are to be unloaded and
`loaded for delivery;
`
`f. Monitoring the performance of pre-trip and post-trip delivery van
`inspections;
`
`g. Determining where, when, how, and in what order packages are to be
`delivered to Amazon customers dictating the exact schedule to be
`followed;
`
`h. Controlling the method and manner of troubleshooting delivery issues by
`requiring Plaintiff to report problems delivering packages directly to
`Amazon;
`
`i. Tracking delivery performance including but not limited to the number of
`packages delivered each day, the location of Plaintiff at any given time,
`and the efficiency of the deliveries as reported through Amazon handheld
`
`
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`4
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 5 of 11 PageID 5
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`devices or the Amazon Flex application for smart phones;
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`j. Supervising the work of Plaintiff on a daily basis; and
`
`k. Evaluating the performance of Plaintiff on a periodic basis in accordance
`with Amazon specific policies and procedures.
`
`23.
`
`Based on information and belief, JARS was organized for the sole purpose of
`
`providing local delivery or last mile delivery services to Amazon.
`
`24.
`
`Based on information and belief, JARS existed for the sole purpose of providing
`
`local or last mile delivery services to Amazon as an integral part of the Amazon business
`
`operation for the purpose of delivering Amazon products directly to their customers.
`
`25.
`
`Stated differently, JARS simply provided a delivery driver labor force to Amazon,
`
`to further Amazon’s core business objective of providing delivery service to Amazon customers.
`
`26.
`
`On information and belief, JARS was directly and solely dependent on its
`
`delivery contract with Amazon.
`
`27.
`
`On information and belief JARS was solely dependent on payments made by
`
`Amazon to make regularly scheduled payroll to the Plaintiff.
`
`28.
`
`Plaintiff was dependent on Amazon, at a minimum, because Amazon provided: (i)
`
`all of the packages to deliver as part of its core business; (ii) delivery instructions including
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`when, where, how and in what order to deliver the packages; and (iii) payment of wages through
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`Amazon’s payments under the delivery contract with JARS.
`
`29.
`
`Based on the foregoing, Amazon.com, Inc., is an employer as defined under the
`
`FLSA
`
`30.
`
`Based on the foregoing, Amazon.com Services, Inc., is an employer as defined
`
`under the FLSA.
`
`
`
`5
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 6 of 11 PageID 6
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`31.
`
`Based on the foregoing, Amazon Logistics, Inc., is an employer as defined under
`
`the FLSA.
`
`32.
`
`33.
`
`34.
`
`Based on the foregoing, JARS is an employer as defined under the FLSA.
`
`Defendants are employers as defined under the FLSA.
`
`“To be ‘employed’ includes when an employer ‘suffer[s] or permit[s] [the
`
`employee] to work.’” See Freeman v. Key Largo Volunteer Fire & Rescue Dept., Inc., 494 Fed.
`
`Appx. 940, 942 (11th Cir. 2012) cert. denied, 134 S.Ct. 62 (U.S. 2013).
`
`35.
`
`Plaintiff was employed by Defendants.
`
`36.
`
`Specifically, Plaintiff suffered and was permitted to work delivering Amazon
`
`packages on behalf of and for the sole benefit of Amazon.
`
`37.
`
`Defendants also jointly employed Plaintiff.
`
`38.
`
`At all times material to this action Defendants directly or indirectly, controlled
`
`and directed all aspects of the day to day employment of Plaintiff including: (i) timekeeping; (ii)
`
`payroll; (iii) disciplinary actions; (iv) employment policies and procedures; (v) scheduling and
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`hours; (vi) terms of compensation; (vii) human resources; (viii) hiring and firing; (vii) working
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`conditions; and (viii) manner and method of such drivers’ performance of their duties.
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`B.
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`Enterprise and Individual Coverage
`
`39.
`
`“The [FLSA] requires an employer to pay overtime compensation to an hourly
`
`worker if the employee can establish individual or enterprise coverage.” Silver v. Dr. Neal
`
`Krouse, D.O., P.A., 2007 WL 4098879 *2 (S.D. Fla. Nov. 16, 2017)(citing Thorne v. All
`
`Restoration Svcs., Inc., 448 F.3d 1264, 1265 (11th Cir. 2006).
`
`40.
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`Amazon.com, Inc. is an enterprise as defined within section 3(r)(1) of the FLSA.
`
`See supra para. 17-19.
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`
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`6
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 7 of 11 PageID 7
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`41.
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`Amazon Logistics, Inc., is an enterprise as defined within section 3(r)(1) of the
`
`FLSA. Id.
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`42.
`
` Amazon.Com Services, Inc., are each an enterprise as defined within section
`
`3(r)(1) of the FLSA. Id..
`
`43.
`
`Amazon.com, Inc., Amazon Logistics, Inc., and Amazon.com Services, Inc., are
`
`together an enterprise as defined with section 3(r)(1) of the FLSA. Id.
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`44.
`
`45.
`
`46.
`
`JARS is an enterprise as defined within section 3(r)(1) of the FLSA.
`
`The Defendants are an enterprise as defined within section 203(r)(1) of the FLSA.
`
`FLSA enterprise coverage requires that an enterprise have “employees engaged in
`
`commerce or in the production of goods for commerce,” or have “employees handling, selling,
`
`or otherwise working on goods or materials that have been moved in or produced for
`
`commerce.” 29 U.S.C. § 203(s)(1)(A)(emphasis added); See Polycarpe. V. E&S Landscaping
`
`Service, Inc., 616 F.3d 1217, 1222-26 (11th Cir. 2010).
`
`47.
`
`Additionally, the enterprise must have greater than $500,000 in “annual gross
`
`volume of sales made or business done.” Daniel v. Pizza Zone Italian Grill & Sports Bar, Inc.,
`
`2008 WL 793660, at *2 n.6 (M.D. Fla. Mar. 24, 2008).
`
`48.
`
`Because today nearly all goods and materials are moved in or produced via
`
`interstate commerce, “virtually every business meeting the annual gross value requirement” is
`
`subject to enterprise coverage. Id.
`
`49.
`
`At all material times, Defendants have been an enterprise in commerce or in the
`
`production of goods for commerce and have at least two employees that handle or work on goods
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`or materials that have been moved in or produced for commerce. 29 U.S.C. § 203(s).
`
`50.
`
`Defendants provide the last mile or local delivery of products and goods that are
`
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`7
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 8 of 11 PageID 8
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`purchased from Amazon.com, the leading online retailer in the United States.
`
`51.
`
`Defendants are engaged in commerce, and Plaintiff regularly handled goods or
`
`materials that had been moved in or produced for commerce, when delivering orders purchased
`
`on www.amazon.com.
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`52.
`
`At all times relevant hereto, each Defendant had an annual gross volume of sales
`
`or did business of more than $500,000.00 per year.
`
`53.
`
`Collectively, at all times relevant hereto, Defendants had an annual gross volume
`
`of sales or did business of more than $500,000.00 per year.
`
`54.
`
`Therefore, at all material times relevant to this action, each Defendant was an
`
`enterprise covered by the FLSA, and as defined by 29 U.S.C. §203(r) and 203(s).
`
`FACTUAL ALLEGATIONS
`
`55.
`
`JARS is one of many contractors who worked for and are under the control of
`
`Amazon delivering Amazon’s goods throughout the country.
`
`56.
`
`Plaintiff worked for Defendants delivering items purchased from Amazon to the
`
`customers who purchased said items in the Memphis, Tennessee Area from approximately
`
`October 2018 to November 2019
`
`57.
`
`58.
`
`Plaintiff’s primary duty involved transporting goods in interstate commerce.
`
`During the course of his employment, Plaintiff regularly worked in excess of forty
`
`(40) hours one or more workweeks.
`
`59.
`
`60.
`
`Plaintiff worked, on average, 60 hours each work week.
`
`However, Defendants failed to pay Plaintiff the overtime premium of one and a
`
`half times his regular rate of pay for all hours worked in excess of forty hours in individual work
`
`
`
`8
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 9 of 11 PageID 9
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`weeks.
`
`61.
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`Instead, Defendants paid Plaintiff only his purported “day rate,” of $150.00
`
`initially per day, based on the number of days that he worked.
`
`62.
`
`Defendants failed to compensate Plaintiff one and one half times of his regular
`
`rate of pay for the hours that he worked over forty (40) each week.
`
`63.
`
`Defendants have violated Title 29 U.S.C. § 207 in that:
`
`a.
`
`Plaintiff worked in excess of forty (40) hours in one or more workweeks
`
`during her employment with Defendants;
`
`b.
`
`No payments, and/or provisions for payment, have been made by
`
`Defendants to properly compensate Plaintiff at the statutory rate of one
`
`and one-half times Plaintiff’s regular rate for all hours worked in excess of
`
`forty (40) hours per workweek while Plaintiff worked for Defendants as
`
`provided by the FLSA;
`
`c.
`
`Defendants have failed to maintain proper time records as mandated by
`
`the FLSA;
`
`d.
`
`Defendants’ failure and/or refusal to properly compensate Plaintiff at the
`
`rates and amounts required by the FLSA were willful or demonstrated
`
`reckless disregard for the FLSA.
`
`COUNT I
`VIOLATION OF 29 U.S.C. §207
`OVERTIME COMPENSATION
`
`Plaintiff re-alleges and reincorporates paragraphs 1 through 63 as if fully set forth
`
`64.
`
`herein.
`
`65.
`
`Throughout the duration of Plaintiff’s employment with Defendants, Plaintiff
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`9
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 10 of 11 PageID 10
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`worked in excess of forty (40) hours in most, is not all, workweeks.
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`66.
`
`For the duration of his employment, Plaintiff was not properly compensated at the
`
`statutory rate of one and one-half times his regular rate of pay for the hours that he worked in
`
`excess of forty (40) hours each workweek.
`
`67.
`
`Plaintiff was, and is, entitled to be paid at the statutory rate of one and one-half
`
`times Plaintiff’s regular rate of pay for those hours worked in excess of forty (40) hours while
`
`Plaintiff was employed by Defendants.
`
`68.
`
`69.
`
`Defendants failed to maintain proper time records as mandated by the FLSA.
`
`Defendants’ actions were willful and/or showed reckless disregard for the
`
`provisions of the FLSA as evidenced by its failure to compensate Plaintiff at the statutory rate of
`
`one and one-half times Plaintiff’s regular rate of pay for the hours worked in excess of forty (40)
`
`hours per week when they knew, or should have known, such was, and is due for Plaintiff’s work
`
`for Defendants.
`
`70.
`
`Defendants have failed to properly disclose or apprise Plaintiff of Plaintiff’s rights
`
`under the FLSA.
`
`71.
`
`Due to the intentional, willful, and unlawful acts of Defendants, Plaintiff suffered,
`
`and continues to suffer, damages and lost compensation for time worked over forty (40) hours
`
`per week, plus liquidated damages.
`
`72.
`
`Plaintiff is entitled to an award of reasonable attorneys’ fees and costs pursuant to
`
`29 U.S.C. §216(b).
`
`73.
`
`Plaintiff demands trial by jury.
`
`WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor
`
`against Defendants:
`
`
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`10
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`Case 2:21-cv-02200-JPM-atc Document 1 Filed 04/01/21 Page 11 of 11 PageID 11
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`a.
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`Awarding Plaintiff overtime compensation in the amount due to her for
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`Plaintiff’s time worked in excess of forty (40) hours per workweek while
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`employed by Defendants;
`
`b.
`
`Awarding Plaintiff liquidated damages in an amount equal to the overtime
`
`and/or minimum wage award;
`
`c.
`
`d.
`
`Awarding Plaintiff pre-judgment and/or post-judgment interest;
`
`An award of costs and expenses of this action together with reasonable
`
`attorney’s and expert fees; and
`
`e.
`
`Ordering any other further relief the Court deems just and proper.
`
`JURY DEMAND
`
`
`
`Plaintiff demand trial by jury on all issues so triable as a matter of right by jury.
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`DATED this 1st day of April, 2021.
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`Respectfully Submitted,
`
`
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`
`
`
`
`/s/ Andrew R. Frisch
`ANDREW R. FRISCH
`FL BAR NO. 027777
`AFrisch@forthepeople.com
`PAUL M. BOTROS
`FL BAR NO. 0063365
`PBotros@forthepeople.com
`MORGAN & MORGAN, P.A.
`8151 PETERS ROAD, SUITE 400
`PLANTATION, FL 33324
`T: (954) WORKERS; F: (954) 327-3013
`
`Trial Counsel for Plaintiff
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`11
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