Key Highlights:
- Amazon had fired one employee while disciplining another that protested against the company’s lack of pandemic safety policies.
- AG has claimed that Amazon’s ‘flagrant disregard’ in steps required for safeguarding the workers and it has illegally retaliated against the workers who protested.
- Amazon’s lawyer stated that the AG should not have launched an investigation or a lawsuit because only a federal labor board can pursue the allegations.
Amazon will be urging the U.S. court to revive the lawsuit, which sought to prevent the New York Attorney General from investigating the online retailer over the efforts to protect workers from COVID-19.
A panel of three judges from the 2nd U.S. Circuit Court in Manhattan for Amazon’s claim, which the state’s probe should be blocked as it is pre-empted by federal labor law. Earlier this month, the New York state appeals dismissed the AG’s case.
Amazon’s lack of pandemic safety policy
Amazon sued for having fired one employee while disciplining another that protested against the company’s lack of pandemic safety policies. After this, AG began investigating the case and Amazon sued to block the probe in Feb 2021, and the state filed its lawsuit a few days later.
AG has claimed that Amazon’s drive for faster growth and higher profits has led to the ‘flagrant disregard’ in steps required for safeguarding the workers and that the company illegally retaliated against the workers who protested.
The case reaches the court
Amazon’s lawyer stated that the AG should not have launched an investigation or a lawsuit because only a federal labor board can pursue the allegations. In response to this, the office of Attorney General Letitia James disagreed with the ruling and was considering the options. Even if Amazon prevails in the pre-emption issue, AG said that the decision “confirms that New York state courts are an adequate forum for Amazon to obtain judicial review.”
Amazon has said it took a comprehensive approach to COVID-19 safety and that two workers were disciplined or fired for violating those policies and not for protesting. For the first in Amazon history, the workers from the Staten Island warehouse voted last month to form a union. The company further challenged the results of the election.
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