Amazon Workers Achieve Class Certification in New Hire Pay Case
Amazon employees won class certification Monday in a lawsuit claiming they should have been paid for time spent at new hire events (Martinho v. Amazon.com).
The lead plaintiff had received a nonexempt job offer at a California fulfillment center, conditional on completing activities during two new hire events. These included taking an I-9 form, a badge photo, a background check, a welcome presentation, and a drug test.
She reported the first event lasted about 50-60 minutes, and the second lasted under 60 minutes. She argued California law requires payment for this time.
Amazon requested dismissal, asserting she was not an employee yet but a “contingent” hire.
The judge sided with Amazon regarding the I-9, background check, and drug test, stating these are part of the application process.
However, the judge allowed claims involving the badge photo and welcome presentation to move forward. Employees use the badge for facility access and timekeeping, privileges not given to applicants. The presentation prepares new hires for their roles, saving time on the first workday.
Consequently, the court concluded the plaintiff acted as an employee during these activities. Amazon’s “contingent” designation does not exempt the company from payment obligations.
Class certification now applies to all individuals who:
- Applied for and received nonexempt positions at Amazon’s California warehouses, distribution, or fulfillment centers.
- Attended standard in-person or hybrid new hire events from July 14, 2018, to the present.
- Completed either the badge photo or the welcome presentation activities.
Amazon has not yet responded to requests for comment.
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News Source: Hrdive.com
