Anne Bucher  |  December 7, 2022

Category: Consumer News

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Close up of UPS signage on the exterior of a building against a blue sky.
(Photo Credit: JL IMAGES/Shutterstock)

UPS class action lawsuit overview:

  • Who: Plaintiff Amen Rogers has filed a class action lawsuit against United Parcel Service Inc.
  • Why: UPS allegedly fails to pay hourly-paid supervisors for the overtime hours they work.
  • Where: The UPS class action lawsuit was filed in Tennessee federal court.

United Parcel Service Inc. failed to pay certain supervisors for the overtime hours they worked, in violation of federal labor laws, a class action lawsuit alleges.

Plaintiff Amen Rogers reportedly worked for UPS as an hourly-paid supervisor. Rogers regularly worked more than 40 hours per week after adding all “off the clock” and “edited out” wages, but did not receive overtime pay for this time, according to the UPS class action lawsuit. 

UPS allegedly failed to pay for pre- and post-shift “off the clock” work-related time, such as time spent communicating via phone, text message, and email outside of their scheduled shifts.

Failure to pay overtime wages for the time spent on work-related communication outside of their shifts violates the federal Fair Labor Standards Act (FLSA), the UPS class action lawsuit says.

UPS class action says shipping company was unjustly enriched by failing to pay overtime

This failure to pay Rogers and other hourly-paid UPS supervisors for this work-related “off the clock” communication has allowed UPS to “unjustly enrich itself and enjoy ill-gotten profits” at the expense of Rogers and the putative class, the UPS class action lawsuit alleges.

Rogers claims that UPS’s failure to pay overtime was “willful with reckless disregard to the FLSA requirements.” UPS allegedly required and/or expected UPS supervisors to work without being compensated for the full amount of time they worked.

Rogers has asked the court to order UPS to pay class members all contractually agreed-upon wages, including unpaid overtime they were allegedly entitled to receive.

UPS was recently hit with a class action lawsuit alleging its website is not accessible to blind and visually-impaired users, in violation of the Americans with Disabilities Act.

Are you included among the hourly-paid UPS supervisors who allegedly do not get paid for off the clock work-related time? Tell us about your experience in the comments!

Rogers is represented by Gordon E. Jackson, J. Russ Bryant, Robert E. Turner IV, and Robert E. Morelli III of Jackson Shields Yeiser Holt Owen & Bryant.

The UPS supervisors class action lawsuit is Amen Rogers v. United Parcel Service Inc., Case No. 1:22-cv-01266, in the U.S. District Court for the Western District of Tennessee, Eastern Division.


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7 thoughts onUPS class action alleges company does not pay hourly supervisors proper overtime

  1. Janice Dumstorff says:

    I worked for UPS for 18 years. As a preload supervisor, I was instructed to take pkgs to drivers in my POV on unpaid time. When I went to on road supervision, I worked up towards 18-19 hours a day during peak. Delivering out of my POV some days. I was always on call & was reprimanded for unplugging my home phone during election season. I left right after a peak season due to hostility with manager and felt as if I wouldn’t advance since I was a female.

  2. Dean says:

    I worked for UPS as an hourly supervisor for 5 years. Constantly texted and called my hourly employees to update start times and give direction. This was in NH and many of my coworkers did the same.

  3. Jessica Robbins says:

    I am currently a part time supervisor at UPS in Athens, TN. I have frequently been asked to roll my time to another week or day. I also am a female and am paid less than all the male supervisors despite having been with the company longer and have trained in several different areas that they haven’t. I currently have a case open with the EEOC and am waiting to see if the company will
    Follow through with mediation.

  4. Hannah says:

    I work for UPS part time supervisor and we can’t get more than 5.5 hours… if we do we have to roll our time and keep rolling it. The only time we could get over time was during peak season but before that we had to roll time or not add it in our timecards and not get paid for that … ridiculous! It’s infuriating and frankly a slap in the face to us!

  5. Mchelle says:

    I Worked For Ups And I Still Havent Gotten Paid For Hrs That I Worked I Have Left Several Messages Called Numbee Give n To Me By Another And Still Havent Gotten A Dine Its Bs

  6. Paul Skaggs IV says:

    I experienced similar discrepancies with ups in my 5 year employment with them. I would have to tell my full time supervisors that I would report them to labor and industries if they didn’t correct the problem. Also going on trips for the company to help other sorts in other states UPS refuses to pay per diem. UPS IS A TERRIBLE CORPORATION.

    1. Amen Rogers says:

      I’m sorry to hear that I’m trying to stand up for us

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