AmazonFresh collective action overview:
- Who: A former Amazon employee filed a collective action against AmazonFresh LLC.
- Why: The plaintiff claims AmazonFresh failed to pay assistant store managers overtime wages.
- Where: The AmazonFresh lawsuit was filed in Washington federal court.
- How to get help: If you live in California and were denied full compensation or misclassified at work, you may qualify to join an unpaid wages lawsuit investigation.
A new collective action lawsuit alleges AmazonFresh misclassifies its assistant store managers (ASMs) to avoid paying them overtime wages.
The plaintiff, a former employee, claims AmazonFresh classifies its assistant store managers as exempt from overtime pay requirements, meaning they are paid a salary with no additional compensation for hours worked in excess of 40 in a workweek.
The plaintiff argues AmazonFresh’s assistant store managers are misclassified as exempt from overtime pay requirements since their primary duties include tasks such as customer service, stocking and restocking products, assisting in various departments, cooking and baking, pushing freight, handling deliveries and cleaning.
“Plaintiff and other ASMs cannot be exempt because their primary duties are non-exempt tasks,” the complaint states. The lawsuit further alleges ASMs were not involved in hiring or firing decisions, nor were their recommendations on such matters given particular weight.
The unpaid wages lawsuit further alleges AmazonFresh never verified the classification, noting “Amazon did not conduct any audit, analysis or study to assess whether the plaintiff and other ASMs are correctly classified as exempt from overtime compensation.”
“As a result of this misclassification, [the plaintiff] and other ASMs in each of the Amazon stores have not been paid overtime compensation for the overtime hours worked by them, in violation of the [Fair Labor Standards Act],” the AmazonFresh lawsuit says.
The plaintiff wants to represent all current or former salaried assistant store managers who currently work for or previously worked for AmazonFresh at any time from three years prior to the filing of the complaint until the date of judgment in the case.
AmazonFresh unpaid wages lawsuit alleges work hours inaccurately tracked
The Amazon lawsuit argues that AmazonFresh failed to accurately track the hours worked by its assistant store managers, in violation of the FLSA. Amazon is also accused of violating state wage and hour laws.
“Plaintiff and similarly situated workers remain uncompensated for the wages and other damages owed by Amazon under federal law,” the AmazonFresh unpaid wages lawsuit says.
Plaintiff seeks certification of an FLSA collective action with notice to all members, a finding of liability against Amazon for federal wage law violations, and an award of unpaid wages, liquidated damages, penalties, attorneys’ fees, and costs to the plaintiff and the FLSA collective.
Earlier this year, Amazon agreed to a $2 million unpaid wages settlement to resolve claims it failed to provide its hourly employees with rest and meal breaks as required by Washington law.
Are you an AmazonFresh assistant store manager who worked overtime hours? Let us know in the comments.
The plaintiff is represented by Kristopher Bonham, C. Ryan Morgan and Andrew R. Frisch of Morgan & Morgan P.A.
The AmazonFresh lawsuit is Case No. 2:26-cv-02113, in the U.S. District Court for the Western District of Washington.
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