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Amazon COVID-19 Temperature Screenings Class Action Lawsuit Overview:
- Who: Amazon has asked a federal judge to stay a class action lawsuit filed against the company by Cristian Barrera.
- Why: Amazon argues Barrera’s claims are identical to a prior class action lawsuit filed against the company that haven’t been resolved yet.
- Where: The lawsuit was filed in California federal court.
Amazon has asked a federal judge in California to stay a class action lawsuit accusing the company of not compensating its employees for COVID-19 temperature screenings, arguing it has nearly identical claims and the same proposed class as a prior, unresolved complaint.
Plaintiff Cristian Barrera claimed in a November class action lawsuit that Amazon did not compensate employees for COVID-19 temperature checks they were required to complete before being able to clock into work.
Amazon argues that Barrera’s claims come nine months after a class action lawsuit alleging the same thing was filed and thus should be stayed.
In lieu of being stayed, Amazon argues the class action lawsuit should be dismissed entirely, citing case law that the company says supports its stance that waiting for the temperature checks is not compensable since it was simply abiding by national and state health guidelines.
“This lawsuit is a misguided attempt to hold Amazon.com Services LLC liable for actions reasonably taken to keep its associates and the community-at-large safe during the COVID-19 pandemic and in accordance with government-mandated requirements,” Amazon said. “But it is not the first such suit.”
‘Nearly Identical’ Complaint Filed Against Amazon Last February
The other class action lawsuit in question was filed against Amazon by plaintiffs Heather Boone and Roxanne Rivera in February 2021.
Boone and Rivera claim Amazon violated federal and labor laws by requiring workers to wait in line for COVID-19 screenings before their shifts without any compensation.
Amazon argues the two class action lawsuits bring several “identical” claims, including that the company failed to pay overtime or minimum wage, to pay all wages upon separation of employment and to furnish accurate and complete wage statements, according to its motion.
Further, in asking that the class action lawsuit be dismissed, Amazon argues the company was simply following guidelines put in place by the state of California and the Centers for Disease Control and Prevention.
“That Amazon’s control over associates during temperature screenings was minimal is confirmed by the fact that the alleged screenings occurred before associates’ shifts and before they fully entered the worksite,” the company said.
A separate lawsuit was filed against Amazon last month by the family of an employee who died when the company’s Illinois facility he was working in collapsed during a tornado.
Were you required to get a temperature screening before clocking into work? Let us know in the comments!
The plaintiff is represented by Michael Nourmand and James A. De Sario of The Nourmand Law Firm APC.
The Amazon COVID Temperature Screenings Class Action Lawsuit is Barrera v. Amazon.com Services LLC, Case No. 8:21-cv-02122, in the U.S. District Court for the Eastern District of California.
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One thought on Amazon Asks Judge To Stay COVID-19 Temp Screenings Class Action
I worked in Seattle, WA warehouse and also had to stand in line for temperature checks. Coming in early just to sit and wait until staff was ready to take the temperatures and then get in line and wait again.