A former Amazon Level 4 Shift Manager recently lost a case in which he claimed Amazon misclassified him as exempt when he spent most of his time completing nonexempt work.

The Case: Ortiz v. Amazon.com

The Court: United States District Court, Northern District of California

The Case No.: 17-cv-03820-JSW

The Plaintiff: Ortiz v. Amazon.com

Ortiz, a former Level 4 Shift Manager, handled logistics for the night shift (aka the "Night Sort") at three different Amazon delivery stations from February 1, 2016, until he was terminated on December 11, 2016. Mr. Ortiz alleged that Amazon failed to pay him overtime and provide mandatory rest and meal breaks, violating California's Labor Code.

The Defendant: Ortiz v. Amazon.com

The defendant in the case, Amazon, classifies Level 4 Shift Managers as exempt employees. On December 11, 2016, Amazon terminated Mr. Ortiz for violating safety protocols. (According to court documents, Mr. Ortiz was injured after falling off a conveyor belt. During the litigation, Mr. Ortiz admitted that he asked Mr. Lopes (an associate) to lie about the accident and report that the fall occurred on the stairs rather than the conveyor belt, as standing on the conveyor belt in the first place was against Amazon's safety protocols. Mr. Ortiz defended this request claiming he requested it in a "moment of panic." Amazon asserts that the plaintiff is subject to the executive exemption (Labor Code section 515(a) and Wage Order 7-2001).

Details of the Case: Ortiz v. Amazon.com

The main question before the court was how much time Mr. Ortiz spent doing nonexempt work. Mr. Ortiz claimed he spent the majority of his time completing nonexempt duties. However, the Court concluded that Mr. Ortiz's credibility on this issue was undermined by witnesses that directly contradicted his testimony (Mr. Lopez and Mr. Abdelaziz). Witnesses corroborating Mr. Ortiz's claim indicated they performed nonexempt tasks for less than 50% of their shifts. Additionally, the court found that the plaintiff's allegation was undermined by some of the representations on his own resume and social media posts that did not accurately reflect when and why he left his job at Amazon. The court concluded that Amazon met its burden to show that the plaintiff was subject to the executive exemption and not entitled to overtime pay, rest periods, and meal breaks as mandated for nonexempt employees.

If you have questions about how to file a California overtime pay lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.