One of the cases we mentioned last month, in the context of the Labor Code § 226.7 wage/penalty issue, was Cornn v. United Parcel Service, Inc., (N.D. Cal., Case #3:03-cv-02001-TEH ). Judge Thelton E. Henderson had previously made a ruling determining meal and rest period pay to be a wage under California law. Cornn v. United Parcel Service, Inc. (N.D. Cal. 2006) 2006 U.S. Dist. LEXIS 20095. A reader emailed us to ask if that was the UPS case that settled last month. It is. Well, actually, it settled in October, and the settlement was approved in December; but yes, it's the case you recall reading about in the news.
Cornn v. United Parcel Service Inc. was a wage and hour class action lawsuit filed on behalf of 20,000 drivers, seeking unpaid overtime, meal and rest period pay, pay stub penalties and other remedies. To settle the case, UPS has agreed to pay up to $87 million. The settlement was reached only after the court certified the class and the employees prevailed in a number of motions, including motions for summary adjudication, reconsideration of the class cert. order and several other determinations on liability. A trial had been scheduled for March 2007.
Judge Henderson will conduct a final fairness hearing on April 9, 2007. Congratulations to Wendy York (York Law Corporation) and William Kershaw (Kershaw Cutter & Ratinoff LLP), who lead the legal team for the employees, for their outstanding result.