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COOK COUNTY RECORD

Thursday, November 7, 2024

Former Employees Allege Major Delivery Service Provider Violated Federal Labor Laws

Federal Court
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In a significant legal move, former employees have filed a class action lawsuit against a major delivery service provider and its corporate partner for allegedly violating federal labor laws. The complaint was lodged by Ebony Echevarria and Luke Cianciotto on July 5, 2024, in the United States District Court for the Northern District of Illinois against Four Star Express Delivery, LLC and Amazon.com Services LLC, Amazon Logistics, Inc., and Amazon.com, Inc.

The plaintiffs allege that the defendants failed to provide the required 60 days' notice before terminating their employment, as mandated by the Worker Adjustment and Retraining Notification (WARN) Act. According to the complaint, Four Star Express Delivery issued a notice on June 11, 2024, informing its drivers that operations would cease effective June 25, 2024. This abrupt shutdown impacted approximately 104 drivers who were employed through Amazon's Delivery Service Partner (DSP) program in the Chicago area.

The plaintiffs argue that both Four Star and Amazon acted as joint employers under the WARN Act due to their integrated operational relationship. "Amazon exercises control over DSPs’ hiring process by setting standards for drivers that DSPs can hire," states the complaint. It further elaborates on how Amazon dictates wages, benefits, training requirements, and even monitors driver performance through various technological means such as surveillance cameras and portable electronic devices.

The plaintiffs are seeking several forms of relief from the court. They demand back pay for all affected employees to cover lost wages during the period of employment loss. Additionally, they seek compensation for lost benefits including medical expenses incurred during this time. The lawsuit also calls for civil penalties against the defendants for their alleged willful violations of both federal and state WARN Acts.

Representing Echevarria and Cianciotto are attorneys Benjamin A. Gastel from Herzfeld Suetholz Gastel Leniski & Wall PLLC in Nashville and N. Elizabeth Reynolds along with Carlie W. Diserio from Allison Slutsky & Kennedy P.C. in Chicago. The case is being overseen by Judge [Judge's Name] under Case ID: 1:24-cv-05670.

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