New York State Attorney General Letitia James speaks during a press conference announcing a process to dissolve the NRA on August 6, 2020 in New York City.
Michael M. Santiago | Getty Images
Amazon sued New York Attorney General Letitia James on Friday to prevent her from regulating her workplace safety response to the Covid pandemic, which Amazon says is an area already governed by federal law.
The request is an unusual move that shows that Amazon is willing to face regulators while facing legal challenges.
The Amazon lawsuit seeks to anticipate what is said to be a threat from James to sue the company “if it does not immediately agree to a list of demands, many of which have no connection with health and safety and have no factual or legal basis.”
Amazon workers demanded more actions from the company at the beginning of the pandemic to protect them from the virus. In March, a group of workers at the Staten Island warehouse led by Chris Smalls protested Amazon’s unwillingness to close the facility for cleaning after an on-site worker tested positive. An Amazon spokesman said at the time that it was not necessary to close the site for cleaning, but that he was following the guidelines of health authorities and asked those who were in close contact with the affected worker to stay at home for two weeks. .
Amazon fired Smalls last year after the strike, although the company said it was fired for violating Covid’s security protocols. Amazon said Smalls violated social detachment guidelines and was unable to isolate itself after coming into close contact with another worker who tested positive for the virus.
James said earlier that Smalls’ dismissal 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 have since told CNBC that James’ investigators interviewed Amazon facility workers across the state, focusing on allegations of employee retaliation.
The company asked a Brooklyn federal court judge on Friday to grant an injunction stating that James has no legal authority to regulate workplace safety issues and claims of retaliation against Amazon employees who protested the conditions of during the coronavirus pandemic.
James quickly accused Amazon’s lawsuit of being “nothing more than a sad attempt to divert attention from the facts and evade responsibility for its failures to protect workers from a deadly virus”.
“Let me be clear: we will not be intimidated by anyone, especially corporate aggressors who put profits above the health and safety of workers,” said James in a statement.
“We remain determined in our efforts to protect workers from exploitation and will continue to review all of our legal options.”
Amazon, in its lawsuit, claimed that the company went beyond the recommended procedures to limit the risk of spreading Covid-19 in its order fulfillment centers in New York.
The company also said that James’ requirement for the reinstatement of Smalls, the former warehouse employee who led the strike, is unreasonable.
The company is also facing an investigation by federal authorities, investigating its competitive practices.
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