Class action suit alleges Amazon failed to pay out employees PTO
The complaint claims the company failed to pay his unused paid personal time after separating from the company and engaged in unfair business practices in violation of California law.
A wage-and-hour class action complaint filed in Santa Clara County Superior Court this week alleges that Amazon violated state labor and business codes by failing to pay earned vacation and paid time off after employees separated from the company.
The suit was filed by the Diversity Law Group on behalf of Matthew Stephenson, who worked for Amazon at a fulfillment center from January 2022 to July 2022. The complaint claims the company failed to pay his unused paid personal time after separating from the company and engaged in unfair business practices in violation of California law. He also claims Amazon paid his vacation wages at his base hourly rate instead of his final rate of pay as required by the state labor code.
He is proposing two classes, the first to include former nonexempt California Amazon employees whose employment ended between April 2020 to the present and who were paid nondiscretionary incentive pay during their period of employment while Amazon also paid out vacation wages.
The other class includes Amazon employees who worked at its warehouses or distribution centers in California in a position to earn paid personal time from April 2021 to the present and who had not hit any balance or accrual cap on paid time off imposed by Amazon.
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Stephenson is asking the court for an order certifying the proposed classes, in addition to a judgment requiring Amazon pay unpaid paid personal time and vested vacation wages and restitution of more than $25,000.
Larry W. Lee, Kristen M. Agnew, Max W. Gavron and Kwanporn “Mai” Tulyathan of Diversity Law Group in Los Angeles; Cory R. Kennedy and Tatiana Avakian of Marlin & Saltzman in Agoura Hills; and Peter M. Hart and Ashlie E. Fox of the Law Offices of Peter M. Hart are representing the plaintiff. Counsel did not return a request for comment.
Counsel has not yet made an appearance for Amazon. A request for comment from the company went unanswered.