Amazon Warehouse Workers Forced To Come In Early, Stay Late, Without Pay, Says Class Action

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Amazon Warehouse Workers Class Action Lawsuit Overview: 

• Who: A former employee lodged a class action lawsuit against Amazon.com Services LLC. 
• Why: The plaintiff claims Amazon unlawfully requires its warehouse workers to perform off the clock work. 
• Where: The class action lawsuit is pending in Colorado federal court. 

Amazon requires its warehouse workers to perform off-the-clock work before and after they clock in for their shifts, a new class action lawsuit alleges. 

The plaintiff, and former Amazon employee, Jennifer Vincenzetti claims the company’s off-the-clock work policy is unlawful and deprives warehouse workers of receiving proper compensation, including for overtime.

Vincenzetti wants to represent herself and a Class of current and former non-exempt hourly employees who worked at an Amazon warehouse in Colorado. 

Vincenzetti, who worked as an hourly employee for Amazon between 2018 and 2020, was fired from her job with the company for returning late from a break, according to the class action lawsuit. 

Amazon Warehouse Workers Forced To Clock-In Late, Clock-Out Early 

Amazon has strict rules in place that punish employees for clocking in early or out late — with termination possible after multiple violations — in order to ensure workers comply with its off the clock work policy, the class action lawsuit alleges. 

Vincenzetti says she was required to perform between two to five minutes of work — including retrieving her badge and meeting with a shift supervisor to discuss her tasks for the day — before being allowed to clock in for her shift. 

Employees at some warehouses would also be forced to go through uncompensated security screenings after they clocked out for the day, the Amazon lawsuit alleges.

Vincenzetti claims that, during the COVID-19 pandemic, Amazon forced employees to wait in long lines to obtain required health screenings before being allowed to clock in to work. 

The health screening process would routinely take 20 to 60 minutes, according to the Amazon lawsuit. 

Vincenzetti argues that, under Colorado law, an employee is considered to be doing work that must be compensated if they are on an employer’s premises performing certain tasks that take over one minute. 

Tasks that take over a minute and must be compensated under Colorado law include putting on or removing work clothes or gear that aren’t worn outside work, security or safety screenings, clocking in out, performing clean up, receiving or giving information related to work, and waiting on job assignment information, according to the Amazon lawsuit. 

Vincenzetti claims Amazon is guilty of civil theft and in violation of Colorado’s Wage Claim Act and its Minimum Wage Act. 

Plaintiff is demanding a jury trial and requesting actual damages and any applicable statutory damages for themself and all Class Members. 

Amazon recently reached a $13.5 million settlement in similar litigation started by workers claiming they were not compensated for lengthy security checks. The company also faces legal action by service members who claim that Amazon fails to pay for military leave. 

Are you an Amazon warehouse worker who has been forced to perform off the clock work? Let us know in the comments! 

The plaintiff is represented by Alexander N. Hood, David H. Seligman, and Brianne M. Power of Towards Justice, and Brian D. Gonzales of The Law Offices of Brian D. Gonzales, PLLC. 

The Amazon Warehouse Workers Class Action Lawsuit is Vincenzetti v. Amazon.com Services LLC, Case No. 1:21-cv-02681, in the U.S. District Court for the District of Colorado.

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