Case 1:20-cv-02468-BMC Document 63 Filed 07/28/20 Page 1 of 56 PageID #: 1376
`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF NEW YORK
`
`
`
`
`
`
`NO. 1:20-cv-02468-BMC
`
`AMENDED COMPLAINT
`
`CLASS ACTION
`
`DERRICK PALMER, KENDIA MESIDOR,
`BENITA ROUSE, ALEXANDER ROUSE,
`BARBARA CHANDLER, LUIS PELLOT-
`CHANDLER, and DEASAHNI BERNARD,
`
`
`Plaintiffs
`
`
`
`v.
`
`
`AMAZON.COM, INC. and AMAZON.COM
`SERVICES, LLC,
`
`
`Defendants.
`
`
`
`
`
`INTRODUCTION
`
`1.
`
`Defendants Amazon.com, Inc. and Amazon.com Services LLC (together,
`
`“Amazon”) operate the JFK8 “fulfillment center” in Staten Island. The JFK8 facility is a small
`
`city that runs twenty-four hours a day, seven days a week and has a footprint of more than
`
`fourteen football fields. It employs thousands of workers, many of whom are people of color
`
`who travel hours every day by public transportation to work ten- to eleven-hour shifts for low
`
`wages fulfilling Amazon orders for customers across the East Coast.
`
`2.
`
`This case is about Amazon’s failures to comply with New York law and “New
`
`York Forward” minimum requirements for businesses, which incorporate state and federal public
`
`health guidance, during the COVID-19 pandemic at the JFK8 facility. Through their common
`
`law claims Plaintiffs seek to enforce New York’s minimum requirements for businesses in the
`
`wholesale trade sector, like Amazon’s fulfillment centers, that continue operations during the
`
`pandemic.
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`3.
`
`Amazon’s failures have already caused injury and death to workers and family
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`members of workers. At least one JFK8 worker has died from COVID-19, and there are rumors
`
`of additional deaths among JFK8 workers. Workers have brought the virus home to family
`
`members, some of whom have also tragically died.
`
`4.
`
`Plaintiff Barbara Chandler, for example, contracted the virus that causes
`
`COVID-19 in March at the JFK8 facility from workers who were explicitly or implicitly
`
`encouraged to continue attending work and prevented from adequately washing their hands or
`
`sanitizing their workstations.
`
`5.
`
`Chandler brought the virus home to her family and less than a month later, she
`
`awoke to find her cousin with whom she lived dead in their bathroom, after he had become ill
`
`with COVID-19 symptoms. As explained further below, Chandler was eligible for and requested
`
`paid COVID leave under New York law, which requires employers like Amazon to promptly
`
`issue quarantine pay to workers so that no one feels pressured to attend work when they may be
`
`sick. Despite everything she had been through, Amazon failed to pay Chandler her COVID leave
`
`in the next pay period as required. And after weeks of delay, and numerous requests by Chandler
`
`to complete the payments, Amazon still failed to pay Chandler all of the COVID leave pay to
`
`which she was entitled.
`
`6.
`
`Aside from their classwide claim to backpay for Amazon’s failure to fully
`
`compensate workers for COVID leave, Plaintiffs in this case do not seek damages for past harm.
`
`All they seek is an order requiring Amazon to comply with public health guidance to prevent
`
`more harm in the future.
`
`7.
`
`This harm is not theoretical. Workers at JFK8 continue to contract COVID-19.
`
`Through May 2020, JFK8 workers continually received messages from Amazon announcing
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`“additional” newly confirmed cases in the facility, but it is not clear whether Amazon has
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`continued to disclose cases. As New Yorkers continue to return to normalcy, JFK8 workers and
`
`their families live with the very real threat of infection every day.
`
`8.
`
`Although Amazon has sought to create a façade of compliance by, for example,
`
`providing fulfillment center employees with masks, the company has failed to comply with the
`
`fundamentals of workplace safety embodied in New York’s minimum requirements and COVID
`
`leave law, as well as federal guidance incorporated by New York’s requirements. Amazon has
`
`failed to (1) allow time for workers to engage in personal hygiene and sanitizing of their
`
`workstations and to socially distance during work and on breaks, (2) clearly communicate with
`
`workers about sick leave, promptly grant such leave, promptly pay workers for such leave, and
`
`pay them their complete wages for such leave, and (3) perform or provide for adequate contact
`
`tracing of its employees, in cooperation with public health authorities.
`
`9.
`
`Amazon is not a small business doing its best under uncertain guidance. The
`
`“minimum requirements” of New York Forward and New York’s quarantine law are abundantly
`
`clear. And Amazon is not helpless to prevent injury and death caused by virus spread occurring
`
`within its facility. Amazon is one of the wealthiest companies in the world, and it uses cutting-
`
`edge technology to monitor its workers at JFK8, choreographing their locations within the
`
`facility by algorithm and using hand-held scanners and smartphone applications to record their
`
`movements and track, on a minute-by-minute basis, whether they are working or are “off task.”
`
`Its failures to comply with New York’s minimum requirements and New York sick leave law are
`
`inexcusable.
`
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`PARTIES
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`10.
`
`Plaintiff Derrick Palmer, a resident of New Jersey, is a Warehouse Associate,
`
`Process Guide and Picking Master in the Pick, Count, Floor-Health department at JFK8. He has
`
`worked for Amazon since July 2015 and has worked in the JFK8 facility since it opened in
`
`October 2018. In his role as a Picking Master he picks customer orders, repeatedly touching
`
`items that have been touched by other workers at JFK8. His role as a Process Guide requires
`
`regular and close interaction with around 40 other warehouse associates.
`
`11.
`
`Plaintiff Kendia Mesidor, a resident of New Jersey, lives with and is in a
`
`relationship with Derrick Palmer. She is anemic and at heightened risk of infection. Her potential
`
`exposure to the virus through Palmer’s work at JFK8 has already caused Mesidor trauma.
`
`Mesidor’s elderly father died on May 15, 2020; due to her concerns that she could be a carrier of
`
`the virus because of living with someone who works at JFK8, Mesidor was only able to see her
`
`father once during his final months.
`
`12.
`
`Plaintiff Benita Rouse, a resident of New York, is a Problem Solver in the
`
`inbound department at JFK8. She has worked for Amazon since March 2017 and has worked in
`
`the JFK8 facility since it opened in October 2018. In her role as a Problem Solver, she assesses
`
`whether damaged items can be re-sold, which entails touching items that have been handled by
`
`other workers at JFK8. Her role as a Problem Solver also requires regular and close interaction
`
`with her team, as they all use the same equipment and fixtures to process and dispose of
`
`products.
`
`13.
`
`Plaintiff Alexander Rouse, a 32-year-old resident of New York, lives with and is
`
`the only child of Benita Rouse. During the pandemic, he followed the stay-at-home order in New
`
`York City, only leaving their small apartment about once per week to get groceries, and he has
`
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`continued to limit his exposure outside of his home and followed recommended guidance around
`
`social distancing and wearing a mask since the stay-at-home order was lifted. His primary
`
`potential exposure to the virus that causes COVID-19 is through his mother, Benita Rouse.
`
`14.
`
`Plaintiff Barbara Chandler, a resident of New York, is a Process Assistant in the
`
`Pick, Count, and Floor-Health department at JFK8. She has worked for Amazon since February
`
`2017 and has worked in the JFK8 facility since it opened in October 2018. In her role as a
`
`Process Assistant, she helps manage, supervise, and coach a team of about 50 people, frequently
`
`interacting closely with workers at JFK8 to ensure they are performing their tasks up to
`
`Amazon’s standards and to help them solve problems in the workplace.
`
`15.
`
`Chandler tested positive for COVID-19 on March 26, 2020, and several members
`
`of her household subsequently became sick, including her cousin who died on April 7, 2020 after
`
`experiencing COVID-19 symptoms.
`
`16.
`
`Plaintiff Luis Pellot-Chandler, a resident of New York, lives with and is the oldest
`
`child of Barbara Chandler. During the pandemic, he has followed the stay-at-home order in New
`
`York City, but after his mother contracted COVID-19, he got sick and experienced symptoms of
`
`COVID-19.
`
`17.
`
`Plaintiff Deasahni Bernard, a resident of New York, is a member of the robotics
`
`team at JFK8. Bernard has worked for Amazon at JFK8 since November 2019. In her role on the
`
`robotics team, Bernard ensures that other warehouse associates are able to perform their tasks
`
`without any obstructions by making sure the robots are operating smoothly and helping to clear
`
`items that have fallen onto the KIVA floor (the part of the floor where the robots move to and
`
`from stations). Bernard also helps to repair the robots when problems occur.
`
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`18.
`
`Defendant Amazon.com Inc. is a Delaware corporation with its principal place of
`
`business in Seattle, Washington.
`
`19.
`
`Defendant Amazon.com Services LLC is a wholly owned subsidiary of
`
`Amazon.com, Inc. Amazon.com Services LLC is a Delaware limited liability corporation with
`
`its principal place of business in Seattle, Washington. Defendant Amazon.com Services LLC’s
`
`sole member is Amazon.com Sales Inc., a Delaware corporation with its principal place of
`
`business in Seattle, Washington. Defendant Amazon.com Inc. is the sole owner of Amazon.com
`
`Sales, Inc.
`
`20.
`
`Amazon is the world’s largest internet company by revenue, and, with
`
`approximately 840,000 employees, the second-biggest private employer in the United States.
`
`Amazon operates the JFK8 facility in Staten Island, New York.
`
`JURISDICTION
`
`21.
`
`This Court has jurisdiction over this matter under 28 U.S.C. § 1331 (federal
`
`question) and 28 U.S.C. § 1332 (diversity).
`
`22.
`
`Plaintiffs’ claims arise under the laws of the United States because the question of
`
`whether Amazon’s conduct violates state law involves interpreting federal rules and guidance,
`
`including guidance from the Centers for Disease Control and Prevention.
`
`23.
`
`This Court has diversity jurisdiction because Plaintiffs are residents of New York
`
`and New Jersey, Defendant Amazon.com, Inc. is a Delaware corporation with its principal place
`
`of business in Seattle, Washington, and Defendant Amazon.com Services LLC is a Delaware
`
`limited liability corporation whose sole member is a Delaware corporation.
`
`24.
`
`Furthermore, the cost to Amazon of implementing the injunctive relief requested
`
`below, including the costs necessitated by providing prompt information about, and payment of,
`
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`the full amount of COVID-19 paid leave, accelerating paid time off, continuing to suspend
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`productivity requirements, and developing and implementing a contact-tracing protocol, is in
`
`excess of $75,000.00.
`
`25.
`
`Venue is proper pursuant to 28 U.S.C. § 1391 in the Eastern District of New York
`
`because the acts and omissions that are the subject of this action all occurred in the Eastern
`
`District of New York.
`
`NEW YORK LABOR LAW CLASS ALLEGATIONS
`
`26.
`
`Plaintiffs incorporate by reference all previous and subsequent paragraphs of this
`
`Complaint.
`
`27.
`
`Plaintiffs Bernard and Chandler assert their Count III as a Fed R. Civ P. 23 class
`
`action on their own behalf and on behalf of the damages class for which they seek certification.
`
`28.
`
`Plaintiffs Palmer, Rouse, Chandler, and Bernard assert their Count IV as a Fed. R.
`
`Civ. P. 23 class action on their own behalf and on behalf of the injunction class for which they
`
`seek certification.
`
`29.
`
`Pending any modifications necessitated by discovery, Plaintiffs preliminarily
`
`define the classes as follows:
`
`Damages Class:
`
`All Amazon employees employed in the State of New York who
`took leave pursuant to New York’s paid COVID-19 leave statute
`and were not paid their regular rate of pay for their full period of
`quarantine and/or isolation, from March 18, 2020 through the date
`of final judgment in this action.
`
`Injunction Class:
`
`All Amazon employees employed in the State of New York who are
`eligible or who may become eligible for leave pursuant to New
`York’s paid COVID-19 leave statute through the date of final
`judgment in this action.
`
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`30.
`
`The classes are so numerous that joinder of all potential class members is
`
`impracticable. Although the precise number of such persons is unknown, and the facts on which
`
`the calculation of that number would depend are presently within the sole control of Defendants,
`
`upon information and belief, there are more than fifty (50) members of each Class.
`
`31.
`
`There are questions of law or fact common to the classes that predominate over
`
`any individual issues that might exist. Common questions of law and fact include:
`
`a.
`
`Whether Amazon failed to pay New York COVID-19 leave in a timely
`
`manner, as required by N.Y. Lab. Law § 191;
`
`b.
`
`Whether Amazon failed to pay the full amount of New York COVID-19
`
`leave pay, including hazard pay or other similar payments;
`
`c.
`
`Whether Amazon was required to and did pay workers full pay for the
`
`duration of their COVID-related absence.
`
`32.
`
`The class claims asserted by Plaintiffs are typical of the claims of the potential
`
`Class Members. All Plaintiffs are Amazon employees. Plaintiffs Chandler and Bernard are
`
`Amazon employees who contracted COVID-19 and allege that Amazon failed to timely pay
`
`them their New York COVID-19 leave pay in full.
`
`33.
`
`A class action is superior to other available methods for the fair and efficient
`
`adjudication of this controversy because numerous identical lawsuits alleging similar or identical
`
`causes of action would not serve the interests of judicial economy. This is especially true in the
`
`case of relatively low-wage, warehouse workers, like many of the class members here, who are
`
`unlikely to seek, or be able to retain, legal representation on their own.
`
`34.
`
`Plaintiffs Bernard and Chandler will fairly and adequately protect and represent
`
`the interests of the Damages class. They work for Defendants and are victims of the same
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`violations of law as the other class members, including violations of N.Y. Lab. Law § 191.
`
`35.
`
`Plaintiffs Palmer, Rouse, Chandler, and Bernard will fairly and adequately protect
`
`and represent the interests of the Injunction Class. They work for Defendants and are victims or
`
`potential victims of the same violations of law as the other class members, including violations
`
`of N.Y. Lab. Law § 191.
`
`36.
`
`Plaintiffs are represented by counsel experienced in litigating workplace safety
`
`and employment claims.
`
`37.
`
`Amazon has acted or refused to act on grounds that apply generally to the
`
`proposed injunction class, so that final injunctive relief or corresponding declaratory relief is
`
`appropriate as to the class as a whole. Specifically, Amazon has failed to promptly pay members
`
`of the Injunction Class the full amount of their COVID-19 leave pay in a timely manner.
`
`38.
`
`Each Class Member’s claim is relatively small. Thus, the interest of potential
`
`Class Members in individually controlling the prosecution or defense of separate actions is
`
`slight. In addition, public policy supports the broad remedial purposes of class actions in general
`
`and confirms that the pertinent federal laws are appropriate vehicles to vindicate the rights of
`
`those employees with small claims as part of the larger class.
`
`39.
`
`Plaintiffs are unaware of any members of the putative classes who are interested
`
`in presenting their claims in a separate action.
`
`40.
`
`Plaintiffs are unaware of any pending litigation commenced by putative class
`
`members.
`
`41.
`
`It is desirable to concentrate this litigation in this forum because the violations
`
`alleged occurred in New York and Plaintiffs all work in the Eastern District of New York.
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`42.
`
`This class action will not be difficult to manage due to the uniformity of claims
`
`among putative class members and the susceptibility of these claims to both class litigation and
`
`the use of representative testimony and representative documentary evidence.
`
`FACTUAL ALLEGATIONS
`
`The Current COVID-19 Pandemic
`
`43.
`
`44.
`
`COVID-19 is an infectious respiratory disease caused by a novel coronavirus.
`
`COVID-19 can result in serious, long-term health complications and has resulted
`
`in over 140,000 reported deaths in the United States to date. Among these serious health
`
`complications, COVID-19 can cause inflammation in the lungs, clogging the air sacs in the
`
`lungs, limiting the body’s oxygen supply and blood clots, organ failure, intestinal damage, heart
`
`inflammation, problems with the liver, neurological malfunction, and acute kidney disease.
`
`45.
`
`Some populations are especially vulnerable to the consequences of COVID-19,
`
`including individuals 65 years and older, people living in a nursing home or long-term care
`
`facility, and others of all ages with underlying medical conditions, such as people with lung
`
`disease, asthma, heart conditions, severe obesity, diabetes, kidney disease, or liver disease and
`
`people who are immunocompromised.
`
`46.
`
`Some conditions that can cause compromised immunity include cancer treatment,
`
`smoking, bone marrow or organ transplantation, immunodeficiencies, poorly controlled HIV or
`
`AIDS, and prolonged use of corticosteroids, and other immune weakening medications.
`
`47.
`
`48.
`
`The novel coronavirus that causes COVID-19 is also highly contagious.
`
`COVID-19 appears to spread easily and sustainably across the world through
`
`“community spread.”
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`49.
`
`Community spread means that people have been infected with the virus in an area,
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`including some who are not sure how or where they became infected.
`
`50.
`
`The virus spreads mainly person to person, primarily through respiratory droplets
`
`produced when an infected person coughs or sneezes.
`
`51.
`
`Spread is more likely when people are in close contact with one another (within
`
`about 6 feet for longer than 10 minutes).
`
`52.
`
`The virus can be spread even by people who are “asymptomatic,” meaning they
`
`carry the active virus in their body but never develop any symptoms; “pre-symptomatic,”
`
`meaning they have been infected and are incubating the virus but don’t yet show symptoms; or
`
`very mildly symptomatic.
`
`53.
`
`Recent research from the Centers for Disease Control and Prevention (“CDC”)
`
`suggests that a single person with COVID-19 is likely to infect five or six other individuals
`
`absent aggressive social distancing practices.
`
`54.
`
`The best way to prevent illness is to avoid being exposed to this virus.
`
`New York’s Response to the COVID-19 Pandemic
`
`55.
`
`56.
`
`New York’s first confirmed case of COVID-19 was announced on March 1, 2020.
`
`In the following weeks, New York became the global epicenter of the pandemic,
`
`with over 417,000 cases and 32,000 deaths to date. Officials estimate there are many more
`
`unconfirmed cases of the virus that resulted in many additional deaths.
`
`57.
`
`58.
`
`New York City continues to record new cases of COVID-19.
`
`Currently, some individuals seeking COVID-19 tests in New York and around the
`
`country are experiencing lengthy delays in receiving their test results.
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`59.
`
`In addition to illness and death on a massive scale, the New York economy has
`
`been hard-hit by the pandemic. At the end of April, an estimated 1.2 million New Yorkers—27
`
`percent of all private-sector workers—were estimated to be jobless.
`
`60.
`
`On March 20, 2020, Governor Andrew Cuomo issued the “New York State On
`
`PAUSE” Executive Order (“NYSOP”).
`
`61.
`
`Under NYSOP, effective 8:00 p.m. on March 22, 2020, all non-essential
`
`businesses in the state were closed. NYSOP permitted “Essential Businesses,” defined as those
`
`providing products or services that are required to maintain the health, safety, and welfare of the
`
`citizens of New York State, to stay open.
`
`62.
`
`63.
`
`Amazon is an “Essential Business.”
`
`All Essential Businesses must continue to comply with the guidance and
`
`directives for maintaining a clean and safe work environment issued by the New York State
`
`Department of Health.
`
`The New York Forward Plan
`
`64.
`
`Beginning in May 2020, New York began a phased reopening of previously
`
`closed businesses under the New York Forward plan. As part of this plan, the state has provided
`
`detailed industry-specific guidance for businesses that are reopening, as well as those, like
`
`Amazon, that were deemed essential and continued their operations during NYSOP.
`
`65.
`
`These guidelines are “minimum requirements”1 that businesses must follow to
`
`remain open.
`
`
`1 Interim Guidance for the Wholesale Trade Sector During the COVID-19 Public Health
`Emergency,
`https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/WholesaleTradeMasterGui
`dance.pdf.
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`66.
`
`A business can determine which set of New York Forward minimum
`
`requirements apply to it by inputting its NAICS code on the New York Forward website.
`
`67.
`
`Amazon fulfillment centers typically operate pursuant to NAICS code 423990,
`
`which applies to Other Miscellaneous Durable Goods Merchant Wholesalers.2
`
`68.
`
`Accordingly, the New York Forward Interim Guidance for the Wholesale Trade
`
`Sector (the “Wholesale Guidance”), which applies to all wholesale trade businesses, including
`
`essential businesses, in New York state, applies to Amazon’s JFK8 operations.
`
`69.
`
`The Wholesale Guidance “was created to provide owners/operators of wholesale
`
`trade businesses and their employees and contractors with precautions to help protect against the
`
`spread of COVID-19[.]”
`
`70.
`
`New York’s Wholesale Guidance requires that subject businesses, among other
`
`things, do the following, which are described as “minimum requirements”:
`
`a.
`
`Operate at no more than 50-percent occupancy as reflected on the
`
`facility’s Certificate of Occupancy, except that if more workers are needed
`
`to continue safe operations, then additional mitigation measures must be
`
`taken;
`
`b.
`
`Implement policies to minimize sharing of objects and touching of shared
`
`surfaces, and when sharing of objects or touching of shared surfaces
`
`cannot be avoided, require that workers wash or sanitize their hands before
`
`and after use;
`
`c.
`
`Provide hand washing stations and supplies (including warm water, soap
`
`
`2 Even if a different category of minimum requirements applies to the JFK8 facility, comparable
`requirements exist in the other categories of the New York Forward plan that could potentially
`apply.
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`and paper towels) for employee use
`
`d.
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`Stagger shifts and breaks to minimize opportunities for congestion in
`
`hallways, break rooms, bathrooms, etc., and stagger scheduled tasks so
`
`that multiple teams are not working in the same area at the same time;
`
`e.
`
`Ensure that workstations are cleaned and sanitized between shifts and that
`
`shared tools and equipment are cleaned and sanitized before a different
`
`worker uses them;
`
`f.
`
`Conduct regular, ongoing cleaning of the entire facility, giving particular
`
`attention to frequently touched surfaces and high-risk areas where many
`
`workers are present, and keep a log of all cleaning activities;
`
`g.
`
`If cleaning products are provided to workers to clean their own
`
`workstations, allocate time during shifts for this cleaning to be conducted;
`
`h.
`
`Conduct health screenings of all people entering the facility including
`
`asking if they have experienced symptoms of COVID-19 or been in
`
`contact with someone who has tested positive for the disease in the past 14
`
`(fourteen) days, and keep a log of all responses to these questions to
`
`facilitate contact tracing efforts;
`
`i.
`
`Cooperate with local health departments if someone at the facility is
`
`diagnosed with COVID-19 by providing a list of all workers and visitors
`
`who entered the facility within 48 hours of the time the infected person
`
`was diagnosed or began experiencing symptoms, whichever was earlier.
`
`j.
`
`Develop a communications plan for employees, visitors, and customers
`
`that includes applicable instructions, training, signage, and a consistent
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`means to provide employees with information.
`
`New York’s Paid COVID Leave Law
`
`71.
`
`One of the other early steps that New York State took to protect the public was to
`
`ensure that essential workers and others had access to paid sick leave when they had to
`
`quarantine pursuant to state law because they had contracted or been exposed to the virus and
`
`experienced symptoms.
`
`72.
`
`This protection has been an essential feature of New York’s public health policy
`
`because it ensures that workers, including the millions of essential workers in New York State
`
`who do not have the savings to lose the income they make from work, are not encouraged to
`
`leave their homes and expose their coworkers by continuing to work.
`
`73.
`
`New York law and guidance are clear that for sick leave to be effective,
`
`employers must adequately communicate with their workers about the accessibility of New York
`
`COVID leave.
`
`74.
`
`Employers must let their employees know that these benefits are available to
`
`them, should they be subject to a mandatory or precautionary order of quarantine or isolation. If
`
`an employer has a specific process for handling these claims with its employees, the employer
`
`must advise them accordingly.3
`
`75.
`
`There are several ways for a worker to become eligible for New York COVID
`
`leave. In New York City, such leave is immediately available to any essential worker subject to
`
`an order of isolation. An order of isolation is immediately issued for any essential worker who
`
`can self-attest that they have had contact with someone with COVID-19 and are experiencing
`
`
`3 COVID-19 Paid Leave: Guidance for Employers, available at
`https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers (last visited July 28,
`2020).
`
`15
`
`

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`Case 1:20-cv-02468-BMC Document 63 Filed 07/28/20 Page 16 of 56 PageID #: 1391
`
`symptoms or that they have been instructed by a healthcare provider to isolate.4
`
`76.
`
`Under New York’s paid COVID leave protection,5 workers are guaranteed job
`
`protection and financial compensation if they become subject to a mandatory or precautionary
`
`order of quarantine or isolation issued by the New York State Department of Health, local board
`
`of health, or any government entity duly authorized to issue such order due to COVID-19.
`
`77.
`
`New York law requires small employers to provide unpaid leave until the
`
`termination of any mandatory or precautionary order of quarantine or isolation. Medium-sized
`
`employers and small employers with over $1 million net income in the prior year must provide at
`
`least five days of paid sick leave and unpaid leave until the termination of any mandatory or
`
`precautionary order of quarantine or isolation.
`
`78.
`
`Large employers – like Amazon – must provide at least fourteen days of paid sick
`
`leave during any mandatory or precautionary order of quarantine or isolation.
`
`79.
`
`A worker subject to a mandatory or precautionary order of quarantine or isolation
`
`must be paid their sick leave in the next pay period so that no one is encouraged to work outside
`
`of the home when sick.6
`
`The Centers for Disease Control Response to the COVID-19 Pandemic
`
`80.
`
`In response to the COVID-19 crisis, the CDC published guidance for employers
`
`and employees, including Interim Guidance for Businesses and Employers to Plan and Respond
`
`to Coronavirus Disease 2019 (COVID-19).
`
`
`4 Order of the Commissioner of Health and Mental Hygiene of the City of New York for
`Isolation, Appendix B, Isolation for Essential Personnel other than Healthcare Personnel,
`https://www1.nyc.gov/assets/doh/downloads/pdf/imm/covid-19-paid-sick-leave-order.pdf.
`5 New Paid Leave for COVID-19, https://paidfamilyleave.ny.gov/COVID19.
`6 New York Paid Sick Leave Frequently Asked Questions, https://paidfamilyleave.ny.gov/new-
`york-paid-family-leave-covid-19-faqs (“The paid sick leave payments are subject to the
`frequency of pay requirements of Section 191 of the Labor Law, and leave payments should be
`made in the paycheck for the applicable pay period for the leave.”).
`
`16
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`

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`Case 1:20-cv-02468-BMC Document 63 Filed 07/28/20 Page 17 of 56 PageID #: 1392
`
`81.
`
`The New York Forward minimum requirements expressly require businesses to
`
`comply with CDC guidance.
`
`82.
`
`The purpose of the CDC guidance is to “help prevent workplace exposures to
`
`COVID-19, in non-healthcare settings” and to “provide[] planning considerations for community
`
`spread of COVID-19.” Id.
`
`83.
`
`The following is a summary of some of these guidelines:
`
`a.
`
`Employees who have symptoms should stay home and employers should
`
`develop flexible leave policies to allow employees to stay home,
`
`particularly by creating non-punitive sick leave policies such as giving
`
`advances on future sick leave;
`
`b.
`
`Employers should not require a positive COVID-19 test or a healthcare
`
`provider’s note for employees to take sick leave;
`
`c.
`
`d.
`
`e.
`
`Sick employees should not return to work except in consultation with
`
`independent health care providers and state and local health departments;
`
`Employers should reduce face-to-face contact between employees;
`
`Employers should take steps to reduce transmission at the workplace by
`
`reassigning work tasks to maintain social distance of six-feet, staggering
`
`shifts, or allowing telework;
`
`f.
`
`Employers should establish policies to minimize spread through a
`
`workplace by identifying workers who have likely been exposed to the
`
`disease, including in some cases through contact tracing that requires a
`
`review of close contacts over the 48 hours before symptoms of the disease
`
`emerged;
`
`17
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`

`

`Case 1:20-cv-02468-BMC Document 63 Filed 07/28/20 Page 18 of 56 PageID #: 1393
`
`g.
`
`h.
`
`i.
`
`j.
`
`Employees should be encouraged to wash their hands and employers
`
`should facilitate this by providing hand washing stations;
`
`Employers should provide tissues;
`
`Employers should increase ventilation rates; and
`
`Employers should develop plans to clean high touch areas with an EPA-
`
`approved cleaning agent.
`
`Amazon Fails to Follow New York’s Minimum Requirements to Prevent Transmission of
`COVID-19 at JFK8
`
`
`84.
`
`During NYSOP, Amazon has kept JFK8 open as an essential business.
`
`85.
`
`JFK8 is a building that occupies approximately 840,000 square feet and is located
`
`in the Bloomfield neighborhood on the west shore of Staten Island.
`
`86.
`
`On average there are approximately 3,500 workers at JFK8. During peak seasons,
`
`which include months leading up to Christmas and the time around Amazon Prime Day in July,
`
`the workforce swells to approximately 5,000 workers.
`
`87.
`
`The workforce at Amazon has similarly swelled during the COVID-19 pandemic.
`
`Amazon has said it hired 175,000 new workers in April.
`
`88.
`
`At JFK8, many of the new workers are temporary workers hired to meet increased
`
`demands during the pandemic.
`
`89.
`
`Full-time JFK8 workers typically work 10.5-hour or 10.75-hour shifts, four days
`
`per week.
`
`90.
`
`During peak seasons these workers are expected to work “mandatory extra time”
`
`s