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Amazon California Labor Law Nonexempt Employees Class Action

This class action brings suit against Amazon Retail, LLC, alleging that it failed to follow the provisions of California Labor Code and Industrial Welfare Commission (IWC) Wage Orders. The topics covered in the complaint are familiar: pay for all hours worked, overtime pay, breaks, and so on.

The allegations in the complaint include the following:

Not paying at least minimum wage for all hours worked. The “hours worked” include all hours when employees were under the control of the employer and all time that the employee is “suffered and permitted to work.” The complaint alleges that employee time was rounded down or “shaved down” to the nearest quarter of an hour.

Not paying proper overtime wages. The employees in question in this case are hourly, nonexempt workers. Employers are supposed to pay overtime for work over eight hours in a day or forty hours in a week, or for hours on a seventh consecutive day of work in a workweek.

Furthermore, calculations of overtime pay must include additional pay. For example, Amazon gives certain employees an extra $5 per hour “hero pay,” and this must be taken into consideration in determining the time-and-a-half overtime rate.

Not permitting proper meal and rest breaks, and not paying workers an extra hour’s pay when breaks are not permitted. The complaint alleges that rounding down sometimes shaved breaks to less than the minimum permitted.

Also, the complaint alleges that Amazon did not pay the full meal break or rest break premium when workers did not get adequate breaks, because they offered only the workers’ base rate of pay and not their full rate, including, for example, the $5 additional in hero’s pay.

Not paying for or reimbursing employees for expenses related to their work. The complaint alleges that employees were required to download an app onto their cell phones for work and to pay a $38 ACH fee for direct deposit.

Also, the complaint alleges that Amazon did not timely pay earned wages, did not provide accurate wage statements, and did not timely pay final wages.

Twelve classes have been defined for this action, including a Minimum Wage Class, Overtime Class, Regular Rate Class, Meal Period Class, Meal Period Premium Wages Class, Rest Period Class, Rest Period Premium Wages Class, Indemnification Class, Pay Day Class, Wage Statement Class, Waiting Time Class, and California Class. Detailed definitions of these classes and their respective class periods can be found on pages 16-18 of the complaint linked below.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Amazon California Labor Law Nonexempt Employees Complaint

June 25, 2021

This class action brings suit against Amazon Retail, LLC, alleging that it failed to follow the provisions of California Labor Code and Industrial Welfare Commission (IWC) Wage Orders. The topics covered in the complaint are familiar: pay for all hours worked, overtime pay, breaks, and so on.

Amazon California Labor Law Nonexempt Employees Class Action

Case Event History

Amazon California Labor Law Nonexempt Employees Complaint

June 25, 2021

This class action brings suit against Amazon Retail, LLC, alleging that it failed to follow the provisions of California Labor Code and Industrial Welfare Commission (IWC) Wage Orders. The topics covered in the complaint are familiar: pay for all hours worked, overtime pay, breaks, and so on.

Amazon California Labor Law Nonexempt Employees Class Action
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Improper Calculation of Overtime Rates, Minimum Wage Violations, Unpaid Overtime, Work Expenses