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Ex. DUT-NY-020 Standing duty Primary source read

Summons and Complaint, People of the State of New York v. Amazon.com, Inc., Amazon.com Sales, Inc. and Amazon.com Services LLC, Index No. 45362/2021 (as printed on the NYSCEF header), NYSCEF Doc. No. 1 (Sup. Ct. N.Y. Cnty. filed Feb. 16, 2021)

Summons and Complaint (Labor Law §§ 200, 215 and 740; COVID-19 workplace protections at the JFK8 and DBK1 facilities)

Letitia James, Attorney General of the State of New York (plaintiff, People of the State of New York) · New York (Supreme Court of the State of New York, New York County) (State)

The COVID Project

The record

Jurisdiction
New York (Supreme Court of the State of New York, New York County) · New York
Level
State
Authority
N.Y. Exec. Law § 63(12); N.Y. Labor Law §§ 200, 215, 740
Issued
2021-02-16 Feb. 16, 2021
Effective
2021-02-16 (filed) (read as 2021-02-16)
End
not applicable (read as 2021-03-31)
In force
Feb. 16, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (pleaded against Amazon; stated as the duty of every New York employer)
Character
litigation filing
Collection
Standing duties: New York DUT-NY

Operative words

New York Labor Law § 200 requires employers to provide reasonable and adequate protection to the lives, health, and safety of their employees. During the coronavirus pandemic, public health agencies have issued guidance that establishes the measures employers should institute to protect their employees from the virus and to satisfy their obligations under Labor Law § 200.

Penalty

Relief sought under Exec. Law § 63(12) and Labor Law §§ 200, 215 and 740 (injunction, restitution, damages, civil penalties)

What it required

The Attorney General's formal statement, in a verified pleading on behalf of the People, that Labor Law § 200 is the standing duty and that the public-health guidance 'establishes the measures employers should institute... to satisfy their obligations under Labor Law § 200'; the complaint pleads that 'From March 1, 2020 continuing through the present, Amazon has failed and continues to fail to provide reasonable and adequate protection to the lives, health, and safety of its employees' (¶ 112) and recites chapter 23 of 2020, EO 202, EO 202.6 and EO 202.8 as the governing directives (¶¶ 25-27). Character as recorded: litigation_filing (party pleading or brief; workplace_duty layer).

Retrieval note

The Attorney General's own copy of the filed complaint (31 pages, NYSCEF header 'FILED: NEW YORK COUNTY CLERK 02/16/2021'). A complaint is the Attorney General's litigating statement of the law, not a holding; the later procedural history of the action (the Attorney General's April 23, 2021 release notes the federal court's remand of Amazon's parallel suit to State court) was not read in this session. The index number is recorded as the text layer prints it.