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Amazon.com

This lawsuit seeks to recover unpaid wages for Amazon employees who worked at the Breingsville, Pennsylvania fulfillment center. The employees allege that Amazon violated the Pennsylvania overtime rights law -- known as the Pennsylvania Minimum Wage Act or the PMWA -- by failing to pay them for time that they are required to be inside the warehouse facility after the end of their paid shift. This unpaid, post-shift time primarily resulted from Amazon's policy of requiring the warehouse employees to participate in mandatory security screening procedures and from Amazon's time "rounding" practices. As indicated below, on August 30, 2018, a federal judge in Lexington, Kentucky issued an opinion granting summary judgment in favor of Amazon. The workers -- represented by our law firm -- have appealed to the Sixth Circuit Court of Appeals. The appeal is pending.

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Case Updates

Sep 27, 2013

Our firm started a class action lawsuit against Amazon.com in the Philadelphia Court of Common Pleas. The complaint alleges that Amazon violated the Pennsylvania Minimum Wage Act by failing to pay workers at its Breinigsville, PA warehouse for all time associated with mandatory security screenings at the end of each shift. The Breinigsville, PA warehouse is located in the Lehigh Valley region of the state. You can access a copy of the Amended Class Action Complaint below.

Feb 19, 2014

The Judicial Panel on Multidistrict Litigation transferred the case from the Federal Court in Reading, PA to the federal Court in Louisville, KY. As a result of this transfer, our Pennsylvania case currently is being overseen by the federal judge handling other cases concerning Amazon.com’s security screening practices arising from other parts of the country. You can access the order transferring our case below.

Jun 27, 2014

Today, the Defendants filed an Answer to the Complaint. In the Answer, Defendants deny violating the law and assert that their pay practices are legal. You can access the Answer below.

May 27, 2016

In response to Amazon.com’s motion requesting that the judge enter “summary judgment” against the workers, we filed an extensive legal brief arguing that the unpaid wages sought in this lawsuit constitute compensable “work” under Pennsylvania law. The judge has not ruled on this motion. You can access a copy of our legal brief below.

Aug 1, 2018

We are still awaiting the Court's ruling on Amazon.com's summary judgment motion. There is no deadline for the Court to rule on this motion. If you have any questions feel free to call our office at (215) 884-2491.

Aug 30, 2018

Today the federal judge in Kentucky overseeing this lawsuit issued an opinion holding that judgment should be entered in favor of Amazon.com and against the workers at the Breinigsville, PA warehouse because the time spent going through security checkpoints is not compensable under Pennsylvania law. A copy of the opinion is below. While we are disappointed with the decision, we look forward to appealing to the Sixth Circuit Court of Appeals.

Sep 6, 2018

Today we filed a notice of appeal on behalf of the workers at the Breinigsville, PA warehouse seeking a review of the district court's decision that the time associated with the on-site security screenings is not compensable under Pennsylvania law. A copy of the notice of appeal is available below.

Oct 30, 2018

Today, we filed a motion asking the Sixth Circuit Court of Appeals to "certify" the following question to the Pennsylvania Supreme Court: "Whether time associated with workplace security screenings conducted at the end of a warehouse employee’s shift can be compensable under the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. §§ 333.101, et seq., even though, in Integrity Staffing Solutions, Inc. v. Busk, __ U.S. __, 135 S. Ct. 513, 190 L. Ed. 2d 41 (2014), the United States Supreme Court deemed such time non-compensable “postliminary” activities under the federal Portal-to-Portal Act, 29 U.S.C. §§ 251, et seq." A copy of our motion is available below.

Oct 31, 2018

Today, the Sixth Circuit Court of Appeals clerk issued a letter staying all "merits" briefing in this case until after the Appeals Court decides whether to certify the question to the Pennsylvania Supreme Court.

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