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PEOPLE v. AMAZON.COM

Index No. 450362/21. Appeal Nos. 15693M-01146. Case No. 2021-03934.

205 A.D.3d 485 (2022)

169 N.Y.S.3d 27

2022 NY Slip Op 03081

The People of the State of New York, Respondent, v. Amazon.com et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2022.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, Washington, D.C. ( Jason C. Schwartz of the bar of the District of Columbia and State of Maryland, admitted pro hac vice, of counsel), for appellants.

Letitia James , Attorney General, New York ( Ester Murdukhayeva of counsel), for respondent.

Fisher & Phillips LLP, New York ( Seth Kaufman , G. Roger King and Gregory Hoff of counsel), for HR Policy Association, amicus curiae.

Hunton Andrews Kurth LLP, New York ( Jennifer L. Bloom and Shawn Patrick Regan of counsel), for The Chambers of Commerce of the United States of America, amicus curiae.

Concur—Renwick, J.P., Friedman, Mendez, Pitt, JJ.

The complaint alleges that defendants (collectively, Amazon) repeatedly and persistently failed to institute reasonable health and safety measures at its facilities (the JFK8 fulfillment center and the DBK1 delivery station) during the COVID-19 pandemic to protect its workers from COVID-19, in violation of Labor Law § 200, and retaliated against workers who raised related complaints about safety conditions, in violation of Labor Law §§ 215 and 740.

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