The Virginia Supreme Court convened on January 1, 2025, to deliberate on the case of Amazon Logistics, Inc. v. Virginia Employment Commission, focusing on the classification of flex drivers as employees or independent contractors. Central to the discussions was the argument regarding the commission's authority and the implications of a previous Court of Appeals decision.

During the proceedings, attorneys debated whether Amazon had waived its right to contest the sufficiency of evidence supporting a class-wide ruling on the employment status of flex drivers. The commission had previously determined that the terms of the agreement between Amazon and its flex drivers indicated an employment relationship. Amazon's counsel argued that the commission's ruling should not apply broadly to all flex drivers, especially in light of potential changes in statutes or agreements.

Justice McCullough sought clarification on the scope of the Court of Appeals' decision, questioning whether it was limited to the specific terms presented in the case. The response indicated that the ruling affirmed the commission's decision without broadening its application, suggesting that Amazon could seek a new proceeding if there were material changes in facts or law.

The discussion also highlighted ongoing tax disputes between the commission and Amazon, with the commission asserting that it had been pursuing tax payments from Amazon through 2024. This raised questions about the commission's stance on the applicability of its decision to new agreements or statutes.

In rebuttal, Amazon's counsel emphasized that the commission's previous position had been that its decision applied broadly, which could have significant implications for the gig economy. They argued that the commission's ruling was based on a single worker's contract and did not adequately consider the diversity of contracts among flex drivers.

As the court session concluded, the justices were left to consider the implications of the commission's ruling and the arguments presented regarding the classification of gig workers. The outcome of this case could set important precedents for employment law and the gig economy in Virginia.