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AMAZON LOGISTICS, INC. v. LABOR AND INDUSTRY REVIEW COMMISSION

No. 2022AP13.

2024 WI 15

Amazon Logistics, Inc., Plaintiff-Respondent-Petitioner, v. Labor and Industry Review Commission, Defendant-Appellant, Department of Workforce Development UI Div. Bureau of Legal Affairs, Defendant-Co-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: March 26, 2024.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Erik K. Eisenmann , Emily Logan Stedman , and Husch Blackwell LLP, Milwaukee; Michael E. Kenneally (pro hac vice), Stephanie Schuster (pro hac vice), Brendan J. Anderson (pro hac vice), and Morgan, Lewis & Bockius LLP, Washington, DC; Christopher Ramsey (pro hac vice), and Morgan, Lewis & Bockius LLP, Pittsburgh, PA. There was an oral argument by Michael E. Kenneally .

For the defendant-appellant, there was a brief filed by Jennifer P. Carter , and Wisconsin Labor and Industry Review Commission, Madison. There was an oral argument by Jennifer P. Carter .

For the defendant-co-appellant, there was a brief filed by Christin L. Galinat , Ryan X. Farrell , and Department of Workforce Development, Madison. There was an oral argument by Ryan X. Farrell .

An amicus curiae brief was filed by Nathan J. Kane, Scott E. Rosenow, and WMC Litigation Center, Madison, on behalf of Wisconsin Manufacturers & Commerce, Inc.

An amicus curiae brief was filed by Brenda Lewison, and Legal Action of Wisconsin Inc., Milwaukee, on behalf of Legal Action of Wisconsin, Inc.

BRIAN HAGEDORN, J., NOT PARTICIPATING.

¶1 Amazon Logistics petitioned for review of the decision of the court of appeals, Amazon Logistics, Inc. v. LIRC, 2023 WI App 26, 407 Wis.2d 807, 992 N.W.2d 168, affirming LIRC's decision that Amazon Logistics' Flex delivery drivers do not qualify as independent contractors under Wis. Stat. § 108.02(12). After...

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