The novel coronavirus has uncovered the true colors of individuals and businesses around the globe. Many companies dragged their feet in implementing safety measures, providing personal protective equipment, and allowing for sick leave when the pandemic first began. Now, many businesses have decided unilaterally that the pandemic is over, even as the United States continues to see hundreds of thousands of new COVID-19 cases and thousands of coronavirus deaths every month.

Most recently, Amazon has come under fire for rolling back its already lax coronavirus safety measures at warehouses around the country. New York Attorney General Letitia James recently filed a motion for a preliminary injunction seeking to force Amazon to implement certain health and safety protocols at a Staten Island fulfillment center. The State’s action follows reports of complaints from Amazon workers fearing for their lives at the facility, including a particular employee who was fired after complaining about the company’s dangerous practices early in the pandemic.

According to the State: “Amazon profits from [the employees’] work while failing to take adequate and reasonable measures to protect them from the devastating risk of coronavirus transmission inside that facility, and punishing workers who express concerns.” As “case rates, hospitalizations, and deaths rise, Amazon rescinds protections and packs in more workers for its holiday rush.”

Amazon has increased work hours while rolling back its coronavirus-related protocols, including by implementing a “mask-optional” policy that does not take into account whether each employee is or is not vaccinated. Amazon’s “productivity monitoring” procedures track work units completed per hour, encouraging managers to discipline workers for going too slowly, but does not take into account the time needed to sanitize workstations and otherwise practice safe hygiene. Amazon does not employ a practice of proper sanitization and disinfection after positive COVID cases are detected and does not employ proper contact tracing protocols to protect the rest of the workers when a case is discovered. Workers are too afraid to express their concerns because of retaliation executed against employees thus far.

According to the complaint, Amazon’s actions violate New York’s Labor Law because the company persists in failing to take reasonable measures to protect employees from the spread of COVID-19. Amazon’s discipline and termination of concerned employees, moreover, constitutes unlawful retaliation and wrongful termination.

In the motion seeking a preliminary injunction, the AG is requesting the court to:

• Require Amazon to alter its productivity monitoring policies to “permit time for cleaning, hygiene, and social distancing;”
• Require Amazon to adopt proper policies for cleaning and disinfection after infected workers are present in the facility;
• Require Amazon to institute proper coronavirus tracing protocols; and
• Require Amazon to offer reinstatement to a particular employee who was terminated after complaining about Amazon’s poor coronavirus safety practices.

The motion also seeks to appoint a monitor to oversee the implementation of the changes.

The complaint and the recent request for emergency relief paint a bleak picture for Amazon workers at the facility, and presumably at similar facilities around the country. Amazon cannot unilaterally declare an end to the pandemic as infections and variants continue to spread nationwide.

As stated by the President of the Retail, Wholesale and Department Store Union: “Amazon has demonstrated, over and over again, that it refuses to prioritize its employees’ safety — and that is unacceptable. . . . Amazon must change its behavior; and it must be held accountable for its egregious safety record.” Through this lawsuit and motion for emergency relief, New York’s Attorney General hopes to accomplish just that.