Oregon Amazon employees wage-and-hour $18M class action settlement

Amazon agreed to a $18 million class action lawsuit settlement to resolve claims it forced Oregon employees to work off the clock during rest and meal periods.

The settlement benefits two classes: the Rounding Class and the Unpaid Break Class.

The Rounding Class is made up of current and former Amazon employees who worked at the DPDI, PDX5, PDX9 and/or UOR1 facilities in Oregon between Dec. 20, 2012, and April 15, 2019, and lost time due to Amazon’s rounding policy. This class includes a penalty subclass of individuals whose employment terminated between Dec. 20, 2015, and April 15, 2019.

The Unpaid Break Class is made up of current and former Amazon employees who worked at any Oregon facility between Dec. 20, 2012, and April 15, 2019, and who had at least one clocked-out break that lasted under 30 minutes. This class includes a penalty subclass of individuals who experienced a short clocked-out break between Dec. 20, 2015, and April 15, 2019.

Amazon is an online retailer with distribution centers around the country — including several in Oregon. 

According to a class action lawsuit, Amazon violated Oregon law by forcing employees to take short clocked-out breaks without paying penalties and by rounding their time clock entries to reduce the number of hours worked. Plaintiffs in the case say both of these policies resulted in underpayment to employees.

Amazon hasn’t admitted any wrongdoing but agreed to a $14 million class action settlement to put an end to these claims.

Under the terms of the settlement, class members can receive a cash payment. At least $1 million of the settlement will be considered guaranteed funds and will be distributed on a pro rata basis to all class members regardless of whether they submit a claim in the settlement. These funds will compensate class members for unpaid wages and prejudgment interest. 

Remaining funds from the net settlement will be considered claimable funds and will be awarded to penalty subclass members based on the number of penalty subclasses they are eligible for. Class members who are members of only one penalty subclass will receive one share of the claimable funds, while those who are members of both penalty subclasses will receive two shares of the claimable funds.

Unclaimed money from the guaranteed funds will be considered residual funds while unclaimed money from the claimable funds will be deemed unclaimed funds. Unclaimed funds will revert to Amazon, while residual funds will be donated to the Northwest Workers Justice Project.

Settlement payments may result in tax reporting forms such as 1099 or W-2 forms. Class members may wish to consult with a tax professional regarding the tax consequences of accepting settlement payments.

The deadline for exclusion is Jan. 13, 2023. The deadline for objection in the settlement is Feb. 6, 2023. 

The final approval hearing for the Oregon Amazon employees lawsuit settlement is scheduled for March 1, 2023.

In order to receive settlement payments from the claimable funds, class members must submit a valid claim form by Jan. 13, 2023.

Who’s Eligible

The settlement benefits two classes: the Rounding Class and the Unpaid Break Class.

The Rounding Class is made up of current and former Amazon employees who worked at the DPDI, PDX5, PDX9 and/or UOR1 facilities in Oregon between Dec. 20, 2012, and April 15, 2019, and lost time due to Amazon’s rounding policy. This class includes a penalty subclass of individuals whose employment terminated between Dec. 20, 2015, and April 15, 2019.

The Unpaid Break Class is made up of current and former Amazon employees who worked at any Oregon facility between Dec. 20, 2012, and April 15, 2019, and who had at least one clocked-out break that lasted under 30 minutes. This class includes a penalty subclass of individuals who experienced a short clocked-out break between Dec. 20, 2015, and April 15, 2019.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/13/2023

Case Name

Swearingen, et al. v. Amazon.com Services Inc., et al., Case No. 3:19-CV-01156-JR, in the U.S. District Court for the District of Oregon

Final Hearing

03/01/2023

Settlement Website

AmazonSwearingenSettlement.com

Claims Administrator

Amazon Swearingen Settlement
P.O. Box 2004
Chanhassen, MN 55317-2004
info@AmazonSwearingenSettlement.com
877-801-1655

Class Counsel

Jon M Egan
JON M EGAN PC

Defense Counsel

Sari M Alamuddin
MORGAN LEWIS & BOCKIUS LLP