In Martinho v. Amazon, Inc., a federal court analyzed which of Amazon’s new hire activities were compensable under California law, ultimately finding that activities designed to verify employment eligibility were not compensable, while internal company onboarding procedures were.
Background
Plaintiff Michelle Martinho applied for an hourly position at an Amazon fulfillment center in Tracy, CA. Martinho received a conditional job offer which provided that she complete Amazon’s standard new hire activities: submitting I-9 paperwork, passing a background check and drug test, taking a badge photo, and watching a welcome presentation. Candidates were allowed to to complete certain new hire activities either in-person or online.
Amazon did not pay candidates for completing new hire activities because the job offer was conditional on completing the tasks. Martinho filed a lawsuit seeking wages for time spent completing new hire activities.
Activities to Assess Employment Eligibility Are Not Compensable
The Court analyzed which pre-employment activities were compensable under California law. It found that the time spent on a drug test was not compensable because it is an activity to secure a position, like an interview or preemployment exam, not a requirement for those already employed. The fact that Amazon clearly communicated the conditional nature of the job offer prior to completing the drug test also supported the Court’s conclusion.
For the same reasons, the Court also found...
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