The suit, filed Monday, says that Amazon and Carter Saco Logistics violated the California Labor Code by altering employees' timecards to show they took the meal and rest breaks required by law. But the employees never took them because they were forced to work through such breaks and often go over time, the suit says.
"Defendants, knowingly and contrary to law and public policy, employed a tactic of clocking-out employees for rest and/or meal periods that were never taken and/or were legally non-compliant, and/or otherwise falsified or altered timekeeping records," the suit says.
PAGA representative plaintiff Gilbert Banks says he was employed by both Amazon and Carter Saco Logistics from October 2020 to Jan. 15. He alleges that during his four months of employment as a driver for the companies, he was required to work more than five hours in a row without a meal break, as well as 10-hour shifts straight without a second meal break as required by state law.
Workers were forced to work through their breaks and work overtime because the companies were understaffed and had unreasonable workload expectations, the suit alleges.
The inaccuracy of the way the companies recorded their employees' time also caused a failure in tracking sick leave and the amount of overtime hours worked every day, making it impossible "to accurately determine the extent of their underpayment, thereby causing further injuries to each of them," the suit says.
The suit alleges that the companies failed to pay their employees minimum wage as a result of their incomplete timekeeping records because they paid for the time that was recorded and not for actual hours they worked.
The suit also claims that the companies failed to pay Banks and other employees on time; did not pay them the full amount of the wages they earned upon discharge or resignation; did not reimburse necessary business-related expenses; did not pay split shift wages; and did not provide wage and payroll history to their employees.
Furthermore, Amazon and Carter Saco Logistics did not provide their employees with a proper statement of wages at the moment of their hiring or when they received a promotion, Banks alleges.
The lawsuit seeks payments for attorney fees and costs and statutory penalties under PAGA, among other things.
PAGA suits allow private individuals to enforce state law on behalf of the government.
This is merely the latest of a slew of employment suits against Amazon. Last week, five federal lawsuits accused the company of racism and sexism.
Attorneys representing Banks did not immediately respond for comment Tuesday.
A representative of Carter Saco Logistics told Law360 on Tuesday he was unaware of the lawsuit.
Amazon did not immediately respond to a request for comment Tuesday.
Banks is represented by Haig B. Kazandjian, Cathy Gonzalez and Kevin P. Crough of Haig B. Kazandjian Lawyers APC.
Counsel information for Amazon and Carter Saco Logistics was not available Tuesday.
The case is Gilbert Banks v. Amazon.com Inc., et al., case number 21CHCV00399, in the Superior Court of California, County of Los Angeles.
--Editing by Abbie Sarfo.
