Class Action Alleges Amazon Violated Overtime Law

Ex-Amazon employee filed a proposed class action claiming Amazon area managers were misclassified as exempt, which meant they did not receive overtime wages they were due in accordance with labor law. The class-action suit also includes additional alleged labor law violations including wage and hour violations and accurate wage statements.

The Case: Gallardo v. Amazon.com Services, LLC

The Court: District Court of Southern California

The Case No.: 3:22-CV-00297

The Plaintiff: Gallardo v. Amazon.com Services, LLC

The plaintiffs in the case allege Amazon failed to pay overtime rates to their area managers. They also claim that Amazon area managers do not fall under any recognized overtime exemptions, and do not meet the criteria for executive, professional, or administrative exemptions even though the hourly rate they earn may be the equivalent of twice the minimum wage. According to the suit, workers put in over 40 hours per week and more than 8 hours per day but did not receive time and half for overtime hours worked as defined by employment law. Additionally, plaintiffs allege Amazon fails to accurately track workers’ overtime hours.

The Allegations: Gallardo v. Amazon.com Services, LLC

In summary, the allegations in the case include overtime pay violations, wage and hour violations, failure to provide accurate wage statements, etc.

Details of the Case: Gallardo v. Amazon.com Services, LLC

The plaintiffs in the case hope to represent Amazon area managers and other Amazon employees in similar positions at California Amazon facilities who were not paid overtime wages or minimum wage for hours worked as required by law. The suit also attempts to cover employees who were not provided accurate wage statements or proper records maintained by their employer showing their hours worked. The suit was filed on January 13, 2022 in San Diego County Superior Court, and removed to California’s Southern District Court on March 4, 2022.

If you have questions about California employment law or if you need to discuss labor law violations in the workplace, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.