A proposed class action, which was just removed to federal court, alleges that Amazon failed to pay area managers in California the overtime they were entitled to because their roles did not fall under exemptions from overtime requirements.
The suit was removed to California federal court on the March 4 by Amazon.com Services LLC. The suit claims an area manager and her colleagues were denied overtime even though they didn't meet the executive, administrative or professional exemptions that would have exempted them from being paid overtime, which is in violation of the state labor law.
Employees who have independent judgment, whose duties involve nonmanual work directly related to management policies, who perform special assignments under general supervision, and who regularly and directly assist an employee who is a bona fide executive fall under the administrative exemption.
Gallardo did not specify in her complaint how often she worked overtime.
Additionally, Amazon also failed to maintain accurate wage statements for area managers by not including how many hours they worked and categorizing personal and vacation time as compensation instead of benefits.
Gallardo filed her proposed class action in the Superior Court of California, County of San Diego, on Jan. 13, seeking to represent a class of Amazon workers in California who were not paid overtime and minimum wage for all hours worked and did not receive accurate wage statements in the past four years.
She expected that more than 500 employees would be part of the class.
Gallardo seeks to recover unpaid wages, damages and attorney fees and costs.
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