Warehouse workers have proposed a class action alleging that Amazon violated state law in Colorado by failing to pay them for time spent undergoing COVID-19 screenings before clocking in at work.
According to a Reuters news report, Jennifer Vincenzetti, who worked at two Amazon warehouses in Colorado Springs, filed the proposed class action in federal court, claiming that the company made workers wait long to answer questions and check their temperatures.
The proposed class includes more than 10,000 people at five Colorado warehouses.
Long Wait Times for Screening
Advocates argue that despite Amazon’s apparent efforts to keep its workers safe during the pandemic, workers ultimately bear the financial burden.
The complaint states that beginning in March 2020, Amazon required employees at Colorado warehouses to arrive early, wait in lines outside facilities, answer questions, and check their temperature inside. The process took 20 to 60 minutes, the lawsuit said.
Colorado law, which mandates that workers receive compensation when required to be on their employer’s premises or on duty, makes this time compensable. Amazon has argued in a similar lawsuit in
A California federal court ruled that screenings primarily benefit workers and do not amount to compensable time under federal wage law.
Walmart has raised the same defense in a proposed class action in Arizona federal court, claiming that the retail giant’s failure to compensate employees for time spent in COVID-19 screenings violated state law.
Compensable Time Under California Law
So, what is compensable time for workers under California law? In a 2018 decision by the Ninth Circuit Court of Appeals, the court explained that there are two categories of compensable time: the time when employees are “under control” of the employer, whether or not the employee is engaging in work activities and the time when an employee is “is suffered or permitted to work” whether or not required to do so.
If your employer requires you to come in early for COVID screening and wait in line for 20 to 60 minutes, it seems that this time is under their control, making it compensable.
If you believe that your employer is shortchanging your wages, they are likely doing the same to your co-workers. In such cases, a class-action lawsuit may be a viable option. An experienced California wage and hour lawyer can answer your questions and make recommendations.
Source: https://www.reuters.com/legal/government/amazon-sued-by-warehouse-workers-over-covid-19-screening-pay-2021-10-06/
Ian Silvers
Ian Silvers has a substantial background in employment law and is fervent about protecting and fighting for the rights of employees. He represents employees in an array of cases, including discrimination, harassment, retaliation, and wage and hour matters.
