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Palmer v. Amazon.com, Inc.

Palmer v. Amazon.com, Inc.

United States District Court for the Eastern District of New York

November 1, 2020, Decided; November 2, 2020, Filed

20-cv-2468 (BMC)

Opinion

 [*364]  MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Plaintiffs challenge defendants' compliance with state and federal public health guidance and law during the COVID-19 pandemic. The amended complaint asserts claims for (i) public nuisance, (ii) breach of the duty to provide a safe workplace, (iii) failure to timely pay COVID-19 leave, and (iv) an injunction against future failure to timely pay COVID-19 leave.

Before me is defendants' motion to dismiss the amended complaint. It is granted without prejudice as to plaintiffs' claims for public nuisance and breach of the duty to provide a safe workplace, pursuant to the doctrine of primary jurisdiction, and with prejudice as to plaintiffs' claims for failure to timely pay COVID-19 leave.

BACKGROUND 1

A. The Parties

Defendants Amazon.com, Inc. and Amazon.com Services LLC (together, "Amazon") operate a facility, the JFK8 fulfillment center, located on Staten Island. JFK8 runs twenty-four hours a day, seven days a week, and is larger than fourteen football fields. The facility employs thousands of workers.

Plaintiffs are employees working at JFK8 and people who live with those employees. Derrick Palmer works as a Warehouse Associate, [**4]  Process Guide and Picking Master at JFK8. As a Picking Master, he picks customer orders, repeatedly touching items that have been touched by other workers. His role as a Process Guide requires close interaction with other associates. Kendia Mesidor lives with Mr. Palmer and faces a heightened risk of infection or complications from COVID-19.

Benita Rouse works as a Problem Solver at JFK8. In this role, she assesses whether  [*365]  damaged items can be re-sold, requiring her to touch items that have been handled by other workers, and requiring close interaction with other workers and the use of the same equipment. Alexander Rouse is Ms. Rouse's child and lives with her.

Barbara Chandler works as a Process Assistant at JFK8. In this role, she helps manage, supervise, and coach a team of about fifty people and has to interact closely with other workers. Ms. Chandler tested positive for COVID-19 in March 2020 and several members of her household also experienced symptoms, including her cousin, who died in April 2020. Luis Pellot-Chandler is Ms. Chandler's child and lives with her. He also experienced symptoms of COVID-19. Ms. Chandler claims that she was not timely or fully compensated for her COVID-19 [**5]  sick leave.

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498 F. Supp. 3d 359 *; 2020 U.S. Dist. LEXIS 203683 **; 2020 WL 6388599

DERRICK PALMER, KENDIA MESIDOR, BENITA ROUSE, ALEXANDER ROUSE, BARBARA CHANDLER, LUIS PELLOT-CHANDLER, and DEASAHNI BERNARD, Plaintiffs, - against - AMAZON.COM, INC. and AMAZON.COM SERVICES LLC, Defendants.

CORE TERMS

plaintiffs', employees, workplace, public nuisance, sick leave, workers' compensation, benefits, policies, occupational safety, injunctive relief, OSH Act, regulation, preempted, pandemic, purposes, wages, injuries, damages, infected, disease, Courts, safe, doctrine of primary jurisdiction, supplements, injunction, expertise, workplace safety, future harm, Labor Law, symptoms

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Administrative Law, Separation of Powers, Primary Jurisdiction, Judicial Officers, Judges, Discretionary Powers, Business & Corporate Compliance, Occupational Safety & Health, Administrative Proceedings, Citations & Inspections, OSHA Rulemaking, Labor & Employment Law, Industry Standards, Federal Preemption, Duties & Rights, Labor & Employment Law, Jurisdiction, Judicial Review, Standards of Review, Real Property Law, Torts, Nuisance, Elements, Torts, Premises & Property Liability, Lessees & Lessors, Lessor & Lessee Nuisance Liability, Types of Nuisances, Public Nuisances, Private Nuisances, Federal & State Interrelationships, Federal Common Law, Preemption, Constitutional Law, Supremacy Clause, Evidence, Burdens of Proof, Allocation, Governments, Police Powers, OSHA Violations & Penalties, Compliance, Civil Liability Under OSHA, Workers' Compensation & SSDI, Exclusivity, Employees & Employers, Workers' Compensation & SSDI, Remedies Under Other Laws, Common Law, Exceptions, Defenses, Exclusivity Provisions, Claims, Exemptions & Waivers, Affirmative Duty to Act, Types of Special Relationships, Employers, Sanctions, Baseless Filings, Frivolous Lawsuits, Procedural Matters, Commencement & Prosecution, Wage & Hour Laws, Wage Payments, Scope & Definitions, Holiday, Sick & Vacation Pay, Remedies, Damages, Backpay, Leaves of Absence, Short Term Leaves, Standards of Review, Deference to Agency Statutory Interpretation