Palmer v. Amazon.com, Inc., No. 20-cv-2468 (BMC), Doc. 73 (E.D.N.Y. Nov. 2, 2020) (Cogan, J.), 498 F. Supp. 3d 359

Public nuisance and N.Y. Labor Law sec. 200 claims by warehouse workers alleging non-compliance with New York Forward guidance and CDC guidance; dismissed under primary jurisdiction (reversed in part, 51 F.4th 491). New York Forward Wholesale Trade guidance 'directs businesses to: operate at reduced capacity...; conduct health screenings of all people entering the facility and keep a log of responses' (at 3-4). 'OSHA has not issued a standard specific to COVID-19, relying instead on optional guidance and existing standards for, inter alia, personal protective equipment, general environmental controls, and toxic and hazardous substances, as well as employers' obligations under the OSH Act's general duty clause' (at 10); OSHA 'opened over 1,000 federal inspections, and issued around 150 citations' (at 10).