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On Tuesday, three lead plaintiffs in an Amazon.com Inc. class action lawsuit alleging wage and hour violations asked a U.S. District Court judge to approve a $3.7 million settlement with SMX LLC, the temporary staffing agency used to fill Amazon warehouse positions.
Lead plaintiffs David C. Saldana, Ladaisja Brewster and Monica Carlin had all worked as packers in Amazon’s San Bernardino, California warehouse facility. They filed the wage and hour class action lawsuit against Amazon and SMX in 2013.
The former workers allege that non-exempt workers at Amazon warehouses classified as “pickers” and “packers” were required to participate in mandatory security searches onsite after they clocked out for meal periods and at the end of their shifts. The plaintiffs allege that each of the mandatory individual security searches resulted in 20 to 30 minutes or more of unpaid work daily.
This time spent unpaid in security screenings allegedly resulted in “a daily underpayment for all time worked, daily interruptions in employee meal and rest periods, failure to provide correctly itemized and accurate wage statements showing all hours actually caused or suffered to work, and a failure to pay all wages owed at separation to separated employees.”
The claims in this class action lawsuit are a part of ongoing multidistrict litigation (MDL) against Amazon and other contractors like SMX who provided staffing or warehouse space for the online retailer. Initially, the class action lawsuits in the MDL alleged violations against the Fair Labor Standards Act (FSLA) as well as state laws. However, last December, the U.S. Supreme Court ruled that time spent participating in security checks was not compensable under FLSA.
Amazon has also attempted to dismiss some of the lawsuits in the MDL, stating that in certain states such as Arizona and Nevada, security screening time was not compensable time under current wage and hour laws.
The proposed settlement Class includes all employees hired by SMX to work at California Amazon warehouses from Oct. 1, 2012 until the present. The $3.7 million settlement will be used to compensate more than 33,000 affected members in the settlement Class, and members will receive either $20 or $30 per shift, depending on the time period when they worked for the company.
“The settlement before this court came only after the case was fully investigated by counsel,” the plaintiffs say in support of the proposed Amazon class action settlement. “This litigation, therefore, has reached the stage where the parties have a clear view of the strengths and weaknesses of their cases sufficient to support the settlement.”
Amazon and SMX have denied any wrongdoing in the settlement and agreed upon a settlement through mediation “to avoid the expense, distraction, and uncertainty of protracted litigation.”
The California plaintiffs are represented by Mark R. Thierman and Joshua D. Buck of Thierman Buck LLP, Isam C. Khoury, Diana M. Khoury and Jason J. Hill of Cohelan Khoury & Singer, David R. Markman of The Markman Law Firm, Christopher J. Hamner of Hamner Law Offices APC and Walter L. Haines of United Employees Law Group PC.
The Amazon Wage and Hour Class Action Lawsuit is In re: Amazon.com Inc. Fulfillment Center Fair Labor Standards Act (FLSA) and Wage and Hour Litigation, Case No. 3:14-md-02504, in the U.S. District Court for the Western District of Kentucky.
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116 thoughts onAmazon Warehouse Workers Seek $3.8M Wage and Hour Settlement Approval
Did anyone call and see what’s happening?
Wow only $25? I thought if you worked during a certain amount you would get 30/shift. Did anyone get the correct amount of money? If so, when were you working there? I work there during 2015-2016. I’m out of state, but I’ll also be disappointed if that’s the outcome.
So I just got my reimbursement and I was some what disappointed. I worked with smx for about 4mnths and my check is only $25. My girl received the same amount.
Did anybody else get a bullshit 25 dollar check!? I worked there for 4 months and they give me this bull!!! Idk what I’m supposed to do at this point?
Same
For real? Is there a paystub showing deductions?
Yea out of a $30 settlment payment
Has anyone tried to call the company?
Yes it states $20 per shift I was with smx almost 3 years I was supposed to get at least 15,000 the attorney better fix this or they will be looking at a lawsuit for fraud
OMG for real? Melony You only received $25?
Yes 25.98 something is very wrong I think we should all report this to the news media there is one I think it’s N.b.c. that looks into these kind of things I’ll be back
Melony we have to do something because it’s not fair that we didn’t get our breaks and only get $25. That is discrimination. putting us in a class to where we get a lesser amount because we worked after 2013 that is bull. I’m suing the attorneys, Amazon, smx ECT..
I called the company and they said that there is nothing we can do about it, it’s a done deal. They said it stated it in the paperwork we all signed. BS I’m so pissed off!
That is ridiculous, you need to call someone
I just called if you worked there between 2012 and October 2013 you get 20 per shift, everyone else only gets 30 bucks
Well i was with smx since 2012 and it says from 2012 til the present that is false advertising
Call the law office and express that they made a mistake on the checks.
What is their number to the lawyer
No check yet (Riverside)
No check.
But, I’m in Phoenix.
So, I’ll likely get it days after everyone else.
Just posting but I also got the same info as everyone else. Case is completed and checks were sent out on December 30th from Costa Mesa. Everyone should be receiving their check soon!!!
Let us all know if you get the check today, thanks
I don’t see how they could have mailed the checks out on Dec 30th from Costa Mesa and we have not received them by today. I have received mail from out of state quicker then this! Smh
Did your mail already come today?
It could be that any mail is backed up from the holiday weekend. Either way we will get it in a matter days.
No check today. I’m thinking this week some time.
What city are you in
I live in Yucaipa
I’m in Moreno Valley, no check here today either.
Did anyone receive their check yet?
It’s confirmed checks were Mailed today
Any one here had been with smx for a long period I was with smx almost 3 years
Did you work at amazon for e years?
Hi Miguel yes smx since 2012 and been blue badge since June 2015
Well i worked for 4 months in 2014-2015 during peak and i just got my check it was only $25.98
25.98 sounds wrong it’s supposed to be $20 per shift
That’s the info I received also that it was 20 dollars per shift, in that case I’m owed over 3000 dollars, I hope they don’t send me some 25.00 check, I’ll flip out.
Just texted my cuzin he was there longer than me turned blue badge and he got same amount.
I worked from October 2012-through January 2013; March-Oct 2013 and then August-November 2014
Have you got yours Rachelle
Call N.B.C. at 818-520-tips if we all call I believe something can be done I called the number on the check and the lady tried to explain about 2012 +2012 I said OK I was with smx in that timeframe and she then change it to certain months and I said I worked those months and she changed it again 3.7 million . We all went through this and it still exists so let’s all call N.B.C. cuz this is fraud