Amazon Failed to Pay Area Managers Proper Overtime Wages, Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

A former Amazon employee claims in a proposed class action that she and other area managers were misclassified as exempt from receiving overtime wages, among other alleged violations of California law.

The 16-page case centers on Amazon’s alleged failure to pay time-and-a-half overtime to area managers even though, according to the lawsuit, they do not fall under any recognized overtime exemption. Per the suit, Amazon area managers do not meet the criteria for executive, administrative or professional exemption from overtime pay regardless of whether they earn the equivalent of an hourly rate of at least two times the minimum wage.

Nevertheless, the workers were required to put in more than 40 hours per week and eight hours per day without receiving appropriate time-and-a-half overtime wages, the case attests.

Aside from overtime pay, the lawsuit also alleges Amazon owes area managers minimum wages for every hour worked in excess of 40 per week and eight per day and has failed to accurately track workers’ overtime hours.

The plaintiff further claims that she and other employees’ paystubs stated that they performed labor in categories identified on each stub as “Regular Hours,” “Personal Time” and “Vacation Pay,” for which they received wages at their regular pay rates. According to the suit, workers did not perform any work that could be “properly and accurately” categorized as personal time or vacation pay. The plaintiff says that personal time and vacation pay are employee benefits that accrue over time and are not “a category of labor or services” for which they receive compensation. According to the case, the workers’ wage statements failed to reference any documents or other information explaining why they were being paid for “Personal Time” or “Vacation Pay” and what labor was performed in these categories.

The lawsuit characterizes Amazon’s alleged failure to provide accurate wage statements was “knowing and intentional.”

Lastly, the complaint claims Amazon area managers were not provided with adequate seating “even though the nature of the work reasonably permits the use of seats.”

The plaintiff looks to represent Amazon area managers or similarly titled employees in California who were not paid overtime wages for hours worked in excess of eight per day or 40 per week or who were not paid the minimum wage for every hour worked. The suit also proposes to cover all Amazon employees in California who were not given accurate wage statements and those for whom Amazon failed to maintain proper records of their hours worked.

Initially filed in San Diego County Superior Court on January 13, 2022, the lawsuit was removed to California’s Southern District Court on March 4.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.