Sanchez v. Green Messengers, Inc.

Background

Hans Sanchez brought a proposed class action against Green Messengers, Inc. and Amazon.com Services. The opinion states that Green Messengers employed Sanchez in 2019 as a delivery driver. Sanchez alleged that the defendants failed to provide required meal and rest periods, automatically deducted meal-break time from pay, failed to pay minimum wages and overtime, failed to reimburse business expenses, and failed to provide accurate itemized wage statements.

Sanchez’s Second Amended Complaint generally referred to “Defendants” and alleged that the defendants had various relationships with one another. It did not explain how Amazon controlled Sanchez’s employment or how Amazon’s relationship with Green Messengers made Amazon responsible for the alleged violations.

Motion and Arguments

Amazon moved under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal when a complaint does not state a legally sufficient claim. Amazon argued that the complaint did not allege that Amazon employed Sanchez, as required for liability under the California Labor Code.

Sanchez argued that he was not required at this stage to plead the business relationship between Amazon and Green Messengers. The court disagreed. It explained that California law requires an employer-employee relationship for Labor Code liability. A plaintiff may allege that two defendants jointly employed the plaintiff, but must provide facts showing that each defendant employed the plaintiff under one of California’s definitions of “employ.”

Court’s Analysis

The court held that the Second Amended Complaint did not sufficiently distinguish between Green Messengers and Amazon and did not allege how Amazon controlled Sanchez’s employment. Because every claim against Amazon depended on the allegation that Amazon employed Sanchez and the proposed class, the court dismissed the Second Amended Complaint in its entirety.

The court stated that Sanchez could potentially correct the problem by alleging more specific facts about Amazon’s business relationship with Green Messengers. Any amended complaint should identify which defendant was responsible for each alleged California Labor Code violation. If Sanchez relied on a joint-employer theory, he should describe the defendants’ working relationship and, to the extent possible, each defendant’s control over wages, hours, or working conditions.

Disposition

Judge Davila granted Amazon’s motion to dismiss the Second Amended Complaint in its entirety, with leave to amend. Sanchez had until November 29, 2021, to file an amended complaint. The order states that failing to amend, or failing to correct the identified deficiencies, would result in dismissal of the claims with prejudice. Sanchez could not add new claims or parties without court permission or the parties’ stipulation. The court did not reach Amazon’s motion to strike.