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AMAZON.COM: “Louie” Suit Seeks Unpaid OT Wages Under Labor Code

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CHOY WAH LOUIE; ANTHONY NORTH; and YURI ESQUIVEL-PINEDA; on behalf of themselves and on behalf of all persons similarly situated, the Plaintiff, v. AMAZON.COM, INC.; AMAZON LOGISTICS, INC.; NEA DELIVERY, LLC, doing business as FIRST DELIVERY SERVICE and FIRST DELIVERY + LOGISTICS; AVITUS, INC., doing business as AVITUS GROUP; and DOES 1 through 20 inclusive, the Defendant, Case No. 17849022 (Cal Super. Ct., Feb. 10, 2017), seeks to recover all unpaid overtime wages pursuant to the Labor

The complaint says NEA has failed to pay Plaintiffs overtime compensation for employment in excess of forty hours in a work week and/or in excess of eight hours in a work day. NEA has issued wage statements to Plaintiffs that contain an hourly rate which is below the correct regular hourly rate. The Plaintiffs’ wage statements list an incorrect hourly rate of $13.00 and an incorrect overtime compensation rate significantly below $31.88. During their employment with NEA, the Plaintiffs have worked more than ten hours in a shift without being provided a second meal period of not less than 30 minutes, which they have not agreed to waive. Plaintiffs have not received an additional hour of pay for the failure to provide a second meal period.

Amazon is an electronic commerce company and is the largest internet based retailer in the world. Amazon operates delivery hubs in California, including hubs in San Leandro, San Jose, and San Francisco.

The Plaintiff is represented by:

G. Martin Velez, Esq.
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903

– and –

Patrick R. Co, Esq.
201 Spear Street, Suite 1100
San Francisco, CA 94105

Originally published in Class Action Reporter.