Amazon will face a class action in California over claims that it failed to pay job applicants for time spent attending mandatory new-hire events, after a federal court ruled the activities partially constituted compensable work.
In a decision granting both sides partial wins, the U.S. District Court for the Northern District of California found Amazon is not required to compensate candidates for drug testing, background checks, or completion of I-9 employment eligibility forms. However, the court determined that other portions of the hiring events—specifically photo-taking for employee badges and mandatory orientation presentations—amounted to work under California law.
The court also certified a class of applicants who completed those activities at Amazon facilities in California since 2018.
Employee or applicant?
The case stems from a claim by a former applicant who alleged she should have been paid for attending two hiring events in 2018 at Amazon facilities in Tracy, Calif. She estimated the first event took about 50 minutes to an hour and the drug test under an hour. Amazon did not pay her for the time.
Amazon argued the events occurred before an employment relationship was established and therefore no compensation was required. It cited a 2022 Ninth Circuit ruling involving WinCo Foods, where the court held that mandatory pre-employment drug tests fell outside the definition of compensable work.
The district court agreed in part, ruling Amazon was entitled to summary judgment on claims tied to drug testing, I-9 verification, and background checks. Those steps, the court said, are akin to interviews or pre-employment physicals used to confirm eligibility rather than job duties.
But the badge photos and orientation sessions were different, the decision stated. The badges granted facility access and were required for clocking in and out, while the presentation provided instruction on workplace expectations. These tasks, the court determined, were tied directly to performing the job, not simply qualifying for it.
“Trying to avoid an obligation with a conclusory label does not persuade,” the decision stated, rejecting Amazon’s argument that classifying all offers as “contingent” exempted the company from paying for the sessions.
Class certified
The plaintiff also sought to certify a class of all applicants who attended Amazon’s in-person or hybrid hiring events in California since July 14, 2018. Amazon opposed, arguing differences among candidates, including those who completed some steps virtually, made the case unsuitable for class treatment.
The court disagreed, finding the central question—whether certain activities counted as work—could be resolved for the entire class.
Evidence showed Amazon tracked attendance and task completion through its applicant system, enabling calculation of damages if liability is established. Estimates in testimony indicated badge photos typically took about two minutes, and the welcome presentation 10 to 15 minutes.
The court approved class certification but narrowed it to individuals who completed the badge photo or welcome presentation.
The case will now proceed with a certified class and limited claims against Amazon. A case management conference is scheduled for Nov. 10, 2025.
Read the original ruling here.
