New York State Attorney General Letitia James speaks at a press conference announcing a lawsuit 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 for barring her from regulating the workplace safety response to the Covid pandemic, which Amazon says is an area already covered by federal law.
The filing is an unusual move that shows Amazon is willing to go against regulators as it faces legal challenges.
Amazon’s lawsuit tries to prevent James from threatening to sue the company “if it does not immediately agree to a list of demands, many of which are unrelated to health and safety and have no factual or legal basis.”
Amazon employees demanded more action from the company early in the pandemic to protect them from the virus. In March, a group of warehouse workers in Staten Island led by Chris Smalls protested Amazon’s reluctance to close the facility for cleaning after an employee at the site tested positive. An Amazon spokesperson said at the time that it was not necessary to close the site to clean it, but that it followed the guidelines of the health authorities and asked those who had been in close contact with the affected employee to stay at home for two weeks.
Amazon fired Smalls after the strike last year, although the company said he had been fired for violating Covid’s security protocols. Amazon said Smalls violated social aloofness guidelines and was unable to isolate himself after coming into close contact with another employee who tested positive for the virus.
James has previously said that the termination of Smalls was “disgraceful”. She later said in a letter to the company that its health measures in response to Covid-19 are “so inadequate that they could violate several provisions of the Occupational Safety and Health Act,” according to a copy obtained by Reuters.
Sources have since told CNBC that the James Amazon researchers interviewed employees from facilities across the state, with a focus on claims of employee retaliation.
The company asked a federal court judge in Brooklyn on Friday to grant an injunction claiming that James does not have legal authority to address both workplace safety issues and claims of retaliation against Amazon employees who protest working conditions. during the coronavirus pandemic.
James was quick to accuse Amazon’s suit of being “nothing more than a sad attempt to distract from the facts and evade liability for his failure to protect hardworking workers from a deadly virus.”
“Let me be clear: we will not be intimidated by anyone, especially corporate bullies who value profit over the health and safety of working people,” James said in a statement.
“We remain undaunted in our efforts to protect workers from exploitation and will continue to review all of our legal options.”
Amazon claimed in its lawsuit that the company has gone beyond best practices to mitigate the risk of Covid-19 spreading in its New York order fulfillment centers.
The company also said that James’ demand for recovery from Smalls, the former warehouse worker who led the strike, is unreasonable.
The company has also reportedly been facing an investigation by federal authorities investigating its competitive practices.
Subscribe to CNBC on YouTube.
WATCH: Andy Jassy would inherit Amazon’s antitrust control, regulatory risk