Amazon was fined $5.9 million in June 2024 for failing to inform California warehouse workers of productivity quotas that affected their performance reviews and disciplinary status, as well as other violations of California state law. California law specifically requires that employers inform employees of any quotas or speed requirements. Knowing labor rights and how they’re enforced is critical to workplace protections; without understanding them, an employer can take advantage of their employees.
Details of Amazon’s Labor Violations
Specifically, at two warehouse locations in California, Amazon failed to inform warehouse workers of the speed and productivity quotas to which they would be held and the corresponding disciplinary results of failing to meet the requirements.
The Warehouse Quotas Law went into effect in California in 2022. It requires that employers who use a quota system structure the quota in such a way as to permit the employees to take their legally mandated rest and meal breaks, as well as provide adequate time for restroom facility use, which includes enough time to travel between the workspace and the restroom.
Amazon has also been fined by the Occupational Safety and Health Administration (OSHA) for failing to keep adequate and accurate records of injuries and illnesses sustained by their warehouse employees.
California law requires that any quotas imposed on workers permit them the time to comply with all relevant health and safety regulations; the fine levied was, in part, due to the requirements of the quotas being so demanding that employees could not meet them without endangering their personal health or disregarding other regulations designed to keep employees and workplaces safe.
These violations had severe impacts on the employees in question – over 59,000 individual violations were committed, putting workers at severe risk of injury and illness that could otherwise have been avoided if they had more time to safely perform their jobs. The employees adversely affected by the quota system also faced workplace discipline, which negatively affected their rates of promotion, increases in wages, and risks of termination.
Identifying Labor Violations
Labor violations can be difficult to spot in the workplace, especially for employees who are younger or who do not speak English as a first language and who may not understand what rights they have in the first place.
Rest and meal breaks are legally mandated – specifically, employees are entitled to a 30-minute meal break for any shift between five and ten hours, as well as a 10-minute rest break for every four hours worked. Not being allowed to take these breaks or being so strictly monitored on productivity that it is impossible to meet requirements while also taking these breaks is a workplace violation.
Overtime pay is required for non-exempt employees who work more than 40 hours in a single week. This can sometimes be converted into flex or comp time, but not being paid for every hour that is worked at the required pay rate can be a serious workplace violation and is a form of wage theft.
If an employee suspects that a workplace violation is happening, detailed recordkeeping is important. Taking photos or screenshots of timecards to prove the number of hours worked, documenting any communication from supervisors, managers, or other spokespeople of the company, and noting any unsafe conditions or incidents (and whether they were reported and what, if any, the results of the report were) are all necessary steps towards proving a violation.
Taking Legal Action Under the Private Attorneys General Act (PAGA)
The Private Attorneys General Act is a California law allowing employees who have suffered from a labor violation to file lawsuits to recover civil penalties. An individual can file a PAGA claim for their own benefit or on behalf of other employees.
Filing a PAGA claim is intentionally easy – while first, an individual should collect the evidence necessary to prove the violation alleged in the claim, filing the claim can be done entirely online. The $75 filing fee can be waived for those who are experiencing financial hardship.
PAGA claims are required to be filed with the Labor and Workforce Development Agency (LWDA), which will first investigate and may choose to cite the employer rather than permit the employee to file a lawsuit.
The LWDA claim is also filed online, and notices of the PAGA and LWDA claims must be sent to the employer via certified mail. The LWDA has sixty days in which to determine whether they will act; if they do not, the employee may proceed with the lawsuit in court, although the LWDA must still be informed of any settlements or judgments must be supplied to the LWDA.
While the outcome of court cases is never guaranteed, especially without the assistance of an experienced employment attorney, PAGA lawsuits can have very favorable results for workers. Not only can they receive financial compensation for any lost wages or damages that resulted from a workplace violation, but they can also be awarded compensatory fines that penalize the employer for their failure to comply with regulations and safety standards.
PAGA claims can also result in changes to workplace practices and policies that will make all employees at that workplace safer and reduce the risk of future injuries and other damages caused by workplace violations, as well as help other employees feel more secure in their ability to address workplace safety issues.
Fight Back Against Abusive Employers
Amazon’s fine of $5.9 million for workplace violations was unprecedented – it is a powerful signal that workers’ rights matter and workplaces should ensure that they are providing legally mandated notices and breaks to their employees. Workers should take it as an encouragement to address violations in their own workplaces and seek legal assistance if they believe their rights have been violated.
If you believe that your workplace is not properly respecting your rights, please contact the Law Offices of Todd M. Friedman, P.C., for a consultation. Professional legal guidance can be the difference between no result and a favorable result in a labor dispute, especially with a large employer. Let us help you.
