A California man and former UPS employee recently filed a UPS class action lawsuit, alleging the company failed to follow proper wage and hour laws for the state of California.
The plaintiff, Andrew D., filed his UPS class action lawsuit on behalf of himself and all those in a similar position as current or former part-time and seasonal UPS employees who were subject to violations of California labor laws. The alleged violations include failure to pay wages, rest periods, meal periods, or overtime, as well as failing to calculate employees’ regular rate of pay.
Andrew is proposing to represent three Classes of employees in the UPS class action lawsuit. The first consists of California non-exempt hourly employees who worked for UPS anytime from August 11, 2013 to the present and were not provided meal periods. The second consists of California non-exempt employees in the same period who were not provided proper rest periods, and the third covers employees who were provided wage statements that failed to reflect all of the hours they worked. Each class applies to part-time and seasonal employees.
The UPS class action lawsuit was filed on May 30, 2018, in the Superior Court of the State of California. The lawsuit was filed on multiple counts of labor violations under California law.
Wage and Hour Regulations
There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country do not know the protections that the Fair Labor Standards Act (FLSA) offers, which can lead to employers taking advantage of them, in some cases requiring unpaid overtime work despite the illegality of doing so.
Some workers may find themselves unable to file wage and hour complaints like this unpaid overtime lawsuit because they are not aware of FLSA rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations. Some may be unaware of whether they are considered exempt or nonexempt employees, or what that means in terms of their benefits. To protect workers who help to enforce FLSA rules, laws also exist to protect workers from discrimination based on wage and hour complaints.
Filing a Wage and Hour Class Action Lawsuit
If you have worked for an employer that may have failed to follow the Fair Labor Standards Act or California state labor laws, such as overtime requirements or misclassification, you may be able to either join a wage and hour class action lawsuit or file an unpaid overtime lawsuit of your own. Filing a wage and hour lawsuit can help compensate for financial losses incurred by labor violations.
The UPS Class Action Lawsuit is Case No. 5:18-cv-01162, for the County of San Bernadino in the Superior Court of the State of California.
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8 thoughts onEmployees File UPS Class Action Lawsuit Claiming Wage and Hour Violations
I was only my second day on the job as a Seasonal Driver using my own vehicle when my transmission started to fail. I finished out the day with my limping truck. I never got paid for that day. They took lots of money out of my 1st day paycheck for Union dues and fees which we never had any information given on the union except to sign a form to join. I had no orientation. Really, is my one day pay going to break the company? I am in Puyallup WA and worked out of the Pacific UPS warehouse location.
Portland, Oregon too Swan Island
I, too, have been waiting for past payment for hours worked at UPS in Sunnyvale, CA. I brought the issue to the main supervisor that I was owed close to $1,700 and in a couole days he gave me a check for $348 and said to me there will be more checks coming. When they didnt I brought it up to the Union rep. and he said my money is coming. Never again did I recieve any payment. I am still working there. Others have the same issue that I face. It is wage theft, plain and simple.
My boyfriend did seasonal work for UPS in Van Nuys, CA and never got paid. That was over 2 years ago! Don’t they have to pay…and with interest now? How do I find out if there’s a Clad Action in CA?
I filed a lawsuit against UPS Sunnyvale and won my judgement….now getting them to pay ipay is another
on what subject ?
Bad in MARYLAND / DC also ….
Nobody tells you “squat”, and you either short money or possibly going week(s) without pay.
It’s bad in Nevada also