Last Friday, Amazon.com Services LLC removed a San Diego County Superior Court labor class action, claiming that the case belongs in federal court pursuant to the Class Action Fairness Act of 2005 (CAFA). The mid-January complaint was brought by an Amazon “Area Manager” who asserts that she and others similarly situated were shorted overtime pay by the e-commerce company.
The lawsuit explains that the plaintiff was hired by Amazon in January 2021. Without describing the contours of her full-time role, the complaint asserts that Amazon never paid the Area Manager for hours worked in excess of 40 per week. This was purportedly so despite the fact that she should have received overtime compensation at the statutory rate of one-and-a-half times her regular rate of $28 per hour, calculated by dividing her salary by a 40-hour work week.
The San Diego, California woman also complains that neither she nor anyone else in a comparable position received a pay slip indicating that they worked more than 80 hours per week in a two week period, though they indeed did. The complaint states six counts of California law violations for failure to pay area managers and correctly account for their pay.
In its notice of removal and supporting memorandum, Amazon argues that its removal is both timely and legally founded. The case meets CAFA requirements, Amazon says, arguing that the proposed class consists of more than 100 members, the parties are diverse, and the amount in controversy exceeds $5 million.
With regards to the final point, Amazon asserts that a computation of the allegedly unpaid overtime alone, “calculated based on a mere twenty hours for each area manager during the relevant period,” places more than the required amount at stake. The company notes that the plaintiff’s request for attorneys’ fees and other damages further pushes the disputed amount to approximately $14 million.The plaintiff is represented by Centurion Trial Attorneys and Law Office Of Robert A. Waller, Jr. and Amazon by Gibson Dunn & Crutcher LLP.
