Amazon employees in New York Metropolis win partial revival of COVID-19 security lawsuit

Amazon.com Inc should face a declare that it failed to guard New York Metropolis warehouse employees and their households from COVID-19, a US appeals court docket dominated on Tuesday whereas dismissing the majority of the employees’ 2020 lawsuit.

The 2nd US Circuit Court docket of Appeals in New York reversed a federal choose’s ruling that mentioned solely the US Occupational Security and Well being Administration (OSHA) had the facility to evaluate complaints about Amazon’s office security practices.

OSHA might have experience in employee security, however the authorized points posed in Amazon’s case “are throughout the standard expertise of judges,” Circuit Decide William Nardini wrote for the court docket.

The 2nd Circuit, nevertheless, upheld the dismissal of different claims, together with that Amazon created a “public nuisance” by failing to cease the unfold of COVID-19 and didn’t correctly present funds for sick go away.

The case entails employees at an Amazon warehouse in Staten Island that employs about 5,000 individuals and had turn out to be the corporate’s first unionized facility earlier this yr. The union marketing campaign was spurred by issues over employee security amid the pandemic.

On Tuesday, employees at an Amazon warehouse close to Albany, New York, voted almost two to at least one to reject a union marketing campaign within the firm’s fourth union election this yr. 

Karla Gilbride, a lawyer with nonprofit Public Justice who represents the Staten Island employees, mentioned Tuesday’s ruling makes clear that employers who “deal with employees as expendable and put earnings over individuals” can he held accountable in court docket.

Amazon didn’t reply to a request for remark. The corporate has denied wrongdoing and mentioned it took varied steps to guard warehouse employees.

The lawsuit, which was filed in Brooklyn federal court docket, mentioned Amazon had made the Staten Island warehouse a “place of hazard” by forcing staff to work at “dizzying speeds.” That prevented them from socially distancing, washing their arms and sanitizing their work areas, the employees mentioned.

One worker, Barbara Chandler, mentioned she examined optimistic for COVID-19 in March 2020 and certain unfold it to a number of members of her family, together with a cousin who died.

US District Decide Brian Cogan dismissed all the lawsuit in 2020. The 2nd Circuit on Tuesday reversed with respect to the employees’ declare that Amazon violated a New York state office security legislation by failing to stop the unfold of COVID-19.