When do you owe new-hire wages? This article breaks that question down to two answers.
Labeling recent hires “contingent” does not render them ineligible for employment protections, a judge said.
Amazon workers won class certification Monday in a lawsuit alleging they should have been paid for new hire events (Martinho v. Amazon.com).
The lead plaintiff received an offer for a nonexempt position at a California fulfillment center, contingent on the completion of certain activities at new hire events. Specifically, she was required to complete her I-9 paperwork, take a badge photo, undergo a background check, watch a welcome presentation and, at a second event, complete a drug test.
The first event took about 50-60 minutes, she said, and the second took less than 60. She alleged California law and labor code required that she be paid for that time.
Amazon asked the court to dismiss the claims, arguing the worker was not an employee at the time but rather a “contingent” hire.
A judge agreed with Amazon with respect to the drug testing, background check and I-9 form. Drug testing is part of the application process, she said, and completion of the I-9 and the initiation of the background check function similarly.
Taking a photograph and watching the presentation, however, were different, the judge concluded, allowing those claims to proceed. The badge grants employees access to Amazon facilities and timekeeping, the judge explained; job applicants, or nonemployees, do not receive such privileges. Similarly, Amazon uses the presentation to show new hires what to expect on the job, saving time on employees’ first day of work.
Therefore, she concluded, the plaintiff was acting as an employee during that time, and Amazon’s “contingent” label for her did not absolve the employer of its obligations.
The judge also granted class certification for all individuals who applied for and received a nonexempt position in one of Amazon’s warehouses, distribution centers and fulfillment centers in California; attended a standard in-person or hybrid new hire event at any time from July 14, 2018, to the present; and completed either the badge photo or welcome presentation activities.
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.494.0232 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
