New York State Attorney General Letitia James speaks during a press conference announcing a lawsuit to dissolve the ANR on August 6, 2020 in New York City.
Michael M. Santiago | Getty Images
Amazon on Friday sued New York Attorney General Letitia James for preventing her from regulating her occupational 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 Amazon is willing to face regulators as it faces legal challenges.
Amazon’s lawsuit seeks to avoid what James says is a threat to sue the company “if it does not immediately accept a list of lawsuits, many of which have no connection to safety and health and have no legal basis nor in fact. “
Amazon workers demanded more measures from the company early in the pandemic to protect them from the virus. In March, a group of Staten Island warehouse workers led by Chris Smalls protested Amazon’s unwillingness to close the facility to clean it up after a local worker tested positive. An Amazon spokesman said at the time that it was not necessary to close the site to clean it, but that it was following the guidelines of the health authorities and asked those who had been in close contact with the affected worker to stay in house two weeks on salary.
Amazon fired Smalls last year after the strike, although the company claims it was fired for violating Covid’s security protocols. Amazon says Smalls violated social distancing guidelines and was unable to self-isolate after coming into close contact with another worker who tested positive for the virus.
James has previously said the completion of Smalls was “embarrassing”. He later said in a letter to the company that his health measures responding to Covid-19 “are so inadequate that they may violate various provisions of the Occupational Safety and Health Act,” according to a copy obtained by Reuters.
Since then, sources have reported to CNBC that James investigators have interviewed Amazon facility workers across the state, with a special focus on employee retaliation claims.
The company on Friday asked a Brooklyn federal court judge to grant a court order stating that James does not have the legal authority to regulate both occupational safety issues and retaliation claims against Amazon employees who have protested against working conditions during the coronavirus pandemic.
James quickly accused Amazon’s lawsuit of “being nothing more than a sad attempt to distract itself from the facts and shirk responsibility for its failures to protect working employees from a deadly virus.”
“Make it clear: no one will intimidate us, especially corporate harassers who bring benefits to the health and safety of working people,” James said in a statement.
“We continue to strive to protect workers from exploitation and will continue to review all of our legal options.”
Amazon, in its lawsuit, claimed that the company has exceeded the recommended procedures to limit the risk of Covid-19 spreading to its New York order fulfillment centers.
The company also says James’ demand for the reinstatement of Smalls, the former warehouse worker who led the strike, is unreasonable.
According to reports, the company has also faced an investigation by federal authorities, which has investigated its competitive practices.
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