Amazon leads as one of the largest employers globally, with nearly 350,000 full-time employees working in warehouses. In addition to full-time workers, Amazon employs hundreds of thousands of additional employees who work seasonally. Amazon’s unparalleled obsession with fast delivery has led the company to utilize AI algorithmic productivity calculators and robots to promote unreasonable quotas. Worker injuries continue to increase while Amazon relentlessly defends its productivity quotas.

Do you work in an Amazon warehouse? Have you noticed your job has become increasingly more demanding over time? Did you recently suffer injuries while working in an Amazon warehouse? If so, you may be entitled to compensation for everything you’ve been through. To learn more about Amazon warehouse injuries and how the use of AI algorithmic productivity quotas increases the risk of injury, read on or click here to see our recent blog post on the topic.

Amazon Productivity Quotas

Amazon maintains many strict and restrictive employment policies that can impact its workers' health, safety, and livelihood. One such rule is the company’s Time off Tasks (“TOT”) policy. TOT is a productivity metric and refers to the time Amazon warehouse workers spend away from their workstations.

The TOT policy has undergone various changes, most of which stem from an outpouring of criticism of the restrictive nature of the program. Under the current TOT policy, Amazon begins tracking its employees when they start their workday. The system automatically tracks productivity throughout the day and generates warnings after the system detects diminished productivity.

Amazon requires its workers to clock in and out every time they take a break from their tasks. Workers must track time such as using the restroom or time spent waiting for equipment to work. Amazon claims that it has modified the settings to allow for a longer time off between tasks. Supervisors can override the system to adjust settings to accommodate an employee’s specific circumstances. However, other than those adjustments, Amazon’s rules are vague, leading to confusion amongst employees.

The TOT settings change in accordance with the number of employees on-site, number of package deliveries, and other factors. As such, employees are left with daily changes that restrict their ability to rest, use the bathroom, or take legally required breaks.

Unlawful Termination of Amazon Warehouse Workers

TOT uses an obscure metric that does not appropriately account for a worker's individual tasks, needs, or abilities. The system uses a metric to alert employees when they fail to meet their productivity rates. After an unknown number of alerts, the system generates a termination notice to the employee. The company explains that supervisors maintain the power to override the termination notice; however, this convoluted practice often leads to unlawful discrimination, retaliation, and termination.

Amazon Warehouse Injuries

Amazon’s aggressive production demands put its employees’ bodies at risk for consumers' convenience and the company's financial growth. A 2019 investigation revealed the actual toll of the company’s unabating drive for productivity. The investigation showed that Amazon warehouse worker injuries were significantly higher than the industry average. According to another study by the Strategic Organizing Center, there were 6.8 injuries for every 100 Amazon warehouse employees. An overwhelming majority of these injuries were cases where workers experienced injuries that stopped them from performing their regular jobs or any jobs.

Company data indicated that the company was deceiving the public about its safety issues, despite the growing rates of injuries. It is no surprise that injury rates were higher at facilities that used robots to increase the pace of work. Amazon explained that it spent $300 million on worker safety improvements in light of these findings. However, lawmakers and aggrieved workers are demanding the company address their warehouse conditions.

Recent California Bill Addresses Amazon’s Use of Productivity Quotas

After mounting pressure, California’s state Senate passed the Warehouse Workers Protection Act or AB-701. The Bill aims to regulate Amazon’s productivity quota programs. Under the legislation, employers must disclose productivity quotas to government agencies and employees. Further, the bill prohibits employers from requiring that warehouse employees meet unsafe or unrealistic quotas that prevent them from enjoying their state-mandated employment rights. State officials are in charge of enforcement; however, the law gives workers standing to sue to overturn unsafe quotas and any retaliation they experience for not meeting them. In addition to the California law, similar legislation appears all around the county.

Amazon Productivity Tools and ADA Violations

In addition to liability for personal injury and workers’ compensation, Amazon’s productivity tools may violate anti-discrimination laws. Federal agencies, such as the Equal Opportunity Commission (“EEOC”) and the Justice Department, warn that AI hiring and productivity tools may discriminate against those with disabilities.

The EEOC and Justice Department explain that these technologies might restrict lawful employment practices by applying incorrect performance monitoring, asking for illegal information, or restricting promotions. Despite the stern warning from these agencies, there is no telling whether Amazon will heed the advice.