This class action takes up the complaints of workers in the warehouses of Amazon.com Services, Inc. The complaint alleges violations of California’s Labor Code and Industrial Wage Commission (IWC) Orders, including failure to pay for reporting time, failure to provide proper rest breaks, and failure to provide suitable facilities for rest breaks.
The first accusation made by the complaint concerns reporting pay. “During the Class Period, many workers, at the rate of five or more per day, show up to work on their first day, expecting to work their fully scheduled shift and upon check in, are found to be flagged in the computer system as ‘ineligible to work’ … due to a false error ‘failure to E-verify.’”
This is not their fault, the complaint says, but because Amazon’s employees did not enter them into the company’s computer system in time. The new employees are then sent home without reporting time pay, the complaint says.
Even when employees are eligible to work, the complaint alleges, they must wait, sometime for an hour or more, to see if they are needed. Eventually, company managers and supervisors come out and select some of them and send the rest home.
Sometimes, the complaint claims, even the selected employees are given only an hour or two of work before being sent home.
Another problem, the complaint claims, is that workers are required to meet quotas. If they are below their quotas, even by 1%, they are fired. The worst part of this is that Amazon “includes rest periods in the computation of their employees’ hourly/daily quotas, compromising and impeding their employees’ right or ability to take an actual rest break period.
Also, because some of the facilities are very large and do not have enough rest rooms, rest breaks are further compromised: “they are required to trek as long as seven minutes to reach the nearest restroom and then seven minutes back to their work stations.” The complaint alleges that “the production clock does not stop when employees need to use the restroom facilities…”
Other, more usual labor complaints include no additional pay for missed rest breaks, inaccurate time sheets, unpaid time, and unpaid overtime.
The class for this action is all persons who were employed by Amazon.com Services, Inc. or by the former Golden State FC, LLC in California who, at any time between July 5, 2015 and July 5, 2019, worked in the company’s fulfillment centers in California and were told to show up at a scheduled date and time but were then sent home without being given the scheduled work or who were given less than half their scheduled work, and who were not paid two to four hours of their pay at no less than minimum wage in reporting time pay.
The complaint also defines subclasses for rest periods, suitable resting facilities, and waiting time.