Starting a new job can be exciting — but what if your employer asks you to jump through hoops before you even start? A recent case against Amazon shows that not all “new hire” tasks are created equal under California law.
In Martinho v. Amazon, job candidates had to complete several steps after getting a conditional job offer — things like a drug test, background check, I-9 paperwork, a badge photo, and a “welcome” video. Amazon didn’t pay for any of it.
The court decided:
- Drug tests, background checks, and I-9 forms were not compensable. These were viewed as pre-employment screenings — things Amazon needed to confirm before officially hiring someone.
- Badge photos and welcome presentations, on the other hand, were compensable. The court said these were onboarding tasks — part of getting ready to do the job, not just being screened for it.
That distinction matters. Once a company starts treating you like an employee — requiring you to take photos, attend presentations, or set up company systems — that time likely counts as work under California law.
If you’ve been asked to do required tasks for your employer — even before your first day — and weren’t paid, you might have a claim for unpaid wages.
Fight Back with WorkRight Law. We help California employees recover the wages they’ve earned — including for time your employer may have wrongly called “off the clock.”
(562) 328 2004 | WorkRightLaw.com
