Amazon Fails in Attempt to Get Warehouse Worker Wage Suit Tossed

An Amazon.com Inc. subsidiary lost its bid to convince a federal judge in New Mexico to throw out a worker lawsuit over including holiday incentive pay in overtime calculations.

Amazon.com Services LLC argued the state law workers sued under includes no such requirement and the US District Court for the District of New Mexico should follow the federal Fair Labor Standards Act, which explicitly excludes that pay from calculations of a worker’s regular rate for overtime purposes. But the court won’t read into New Mexico wage law a provision the state legislature chose to leave out, Judge David Herrera Urias ...