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Law360 (May 12, 2020, 9:31 PM EDT ) Thirteen U.S. attorneys general called on Amazon and Whole Foods Tuesday to release information about the number of coronavirus-related infections and deaths among the workforce, as well as evidence of how the companies are keeping their workers safe.
In a letter to Amazon, which now owns Whole Foods, the attorneys general, led by Massachusetts AG Maura Healey, asked the companies to provide a state-by-state breakdown of how many of their employees had contracted the novel coronavirus, COVID-19, and how many had died from the illness.
Those joining the letter include attorneys general from Washington, New York, Michigan, Maryland, Illinois, Connecticut, Minnesota, Pennsylvania, Delaware, New Mexico, Oregon and the District of Columbia.
"Amazon and Whole Foods must take every possible step to protect their employees and customers during the COVID-19 pandemic," Healey said in a statement Tuesday. "We again call on these companies to provide assurances that they are complying with state laws and federal guidance aimed at keeping essential workers safe during this crisis."
In a statement to Law360 on Tuesday, an Amazon spokesperson said the company was committed to ensuring a clean and safe environment for their employees.
"We've implemented over 150 significant process changes — from enhanced cleaning and social distancing measures to new efforts like disinfectant spraying," the spokesperson said. "We've also distributed personal protective gear like masks across our entire operations network. We'll continue to invest in safety, pay, and benefits for our teams who are playing an invaluable role in getting items to communities around the world."
A representative for Whole Foods did not immediately respond to a request for comment Tuesday evening.
The AGs want to know what measures the companies are taking to protect their workers, including how their measures comply with Centers for Disease Control and Prevention's and the Occupational Safety and Health Administration's COVID-19 health and safety policies. They also want to know how the companies are complying with state sick leave laws.
The letter raises concerns about media reports that the companies are not putting in place adequate safety measures or sick leave policies and are retaliating against employees who call attention to unsafe conditions.
The letter cites several reports out of the District of Columbia, Oregon and Massachusetts claiming that a number of Whole Foods employees have either contracted COVID-19 or died from the illness. The AGs are concerned that Whole Foods is not being up front with the public about the number of cases among their employees, according to the letter.
"Many of our states' consumer protection laws require businesses to provide truthful information and disclose material information to consumers," the AGs wrote. "Such developments — and Whole Foods' responses to these developments — may be material to consumers and the public, as they implicate health concerns that may arise from shopping at Whole Foods stores as well as Whole Foods' representations regarding the safety of its stores."
The AGs said they were "deeply disappointed" that the companies had not met the states' request in an earlier letter to improve their coronavirus paid leave. The AGs asked that the companies match the policies required under the Families First Coronavirus Response Act, which passed in March.
The companies' current leave policy allows workers two weeks of paid time off if they are "diagnosed with COVID-19" or "placed into quarantine," the states said.
In March, Amazon workers at the company's Staten Island warehouse, along with grocery couriers across Instacart's national network, went on strike to protest their working conditions amid the outbreak of the coronavirus.
The Amazon workers demanded that the e-commerce giant shut down and sanitize its Staten Island warehouse after workers there tested positive for the virus, and the Instacart workers called for better pay and sick leave benefits as they continue to deliver groceries to homebound customers during the pandemic.
--Additional reporting by Chelsea Naso, Dave Simpson and Braden Campbell. Editing by Peter Rozovsky.
For a reprint of this article, please contact reprints@law360.com.
