New York State Attorney General Letitia James speaks during a press conference announcing a trial for the dissolution of ANR on August 6, 2020 in New York.
Michael M. Santiago | Getty Images
Amazon on Friday sued New York Attorney General Letitia James to prevent it from regulating its workplace safety response to the Covid pandemic, which Amazon says is an area already governed by federal law.
The filing is an unusual move that shows that Amazon is willing to face regulators because it faces legal challenges.
The Amazon lawsuit seeks to prevent what is said to be a threat from James to sue the company “if it does not immediately agree to a list of claims, many of which have nothing to do with health and safety and have no factual or legal basis. “
Amazon workers demanded more action from the company at the beginning of the pandemic to protect them from the virus. In March, a group of workers at Staten Island’s warehouses, led by Chris Smalls, protested against Amazon’s desire to close the cleaning facility after a worker on the site tested positive. An Amazon spokesman said at the time that it was not necessary to close the site for cleaning, but that it was following the instructions of the health authorities and asked those who had been in close contact with the affected worker to stay home with time. for two weeks.
Amazon fired Smalls last year after the strike, although the company claims it was fired for violating Covid security protocols. Amazon says Smalls violated social distance guidelines and failed to isolate itself after coming into close contact with another worker who tested positive for the virus.
James previously said Smalls’ termination was “shameful.” She later said in a letter to the company that her health measures in response to Covid-19 “are so inadequate that they may violate several provisions of the Occupational Safety and Health Act,” according to a copy obtained by Reuters.
Sources at the time told CNBC that James’ investigators interviewed Amazon workers at facilities across the state, focusing on employee retaliation claims.
The company on Friday asked a Brooklyn federal court judge to pass a ruling, saying James has no legal authority to regulate both workplace safety issues and retaliation claims against Amazon employees who protested over the terms of the lawsuit. work during the coronavirus pandemic.
James quickly accused Amazon’s lawsuit of being “nothing more than a sad attempt to distract from the facts and avoid responsibility for its failures to protect employees from a deadly virus.”
“Let me be clear: we will not be intimidated by anyone, especially corporate aggressors who put profits on the health and safety of working people,” James said in a statement.
“We remain uneasy in our efforts to protect exploitation workers and will continue to consider all of our legal options.”
Amazon, in its lawsuit, argued that the company exceeded the recommended procedures to limit the risk of Covid-19 spreading to its New York order fulfillment centers.
The company also says James’ request to reinstate Smalls, the former warehouse worker who led the strike, is unreasonable.
The company also allegedly faced an investigation by the federal authorities, investigating its competitive practices.
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