UPS to Pay $87 Million to Settle Wage and Hour Class Action
February 07, 2007
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 $87 million. The settlement was reached only after the court certified the class and the employees prevailed in a number of motions, including motions for summary adjudication, reconsideration of the class cert. order and several other determinations on liability. A trial had been scheduled for March 2007.
Judge Henderson will conduct a final fairness hearing on April 9, 2007. Congratulations to Wendy York (York Law Corporation) and William Kershaw (Kershaw Cutter & Ratinoff LLP), who lead the legal team for the employees, for their outstanding result.
All i can say is YEA!!!
I have received the letter including me in the suit, good for whoever finally nabbed those &*%$#@! I HATE THEM!! When i quit after constant pokin at me i wanted to sue them too. UPS is a huge gathering of bully`s. (mangament that is).
Whenever i would question my timecard, afterward i would get written up and the piss treatment. I was asked to drive the truck after 11 hrs of workin in the morning. Lunchs?? breaks? yea right!! if you dont make the time on your route they threaten to take you off it. Some one needs to stop these bastards..dont they make enough money without having to take it out on the workers??? Anyhooo...just wanted to say GOOD JOB!!! stik it to them!
Posted by: Renee Goggans | February 11, 2007 at 05:31 PM
It's about time someone get UPS for there wrong doing. I've worked there for 17 1/2 years and the fired me because of 1 accident within a year. I'm also sueing them. I'm from Pine Bluff, Arkansas. Some management supervisor's sucks. Are the UPSers in Arkansas part of this class action law suite? We need to know it was in the Arkansas Gazette but we haven't heared anything else about it. I know I missed my lunches. Please let me know what the UPSer's in Arkansas need to do to be apart of this.
Posted by: Rosetta LJ. Giddens | September 26, 2007 at 11:10 AM
I am glad UPS has gotten caught up in their mess. Most of UPS management team is very low down. I'm from Pine Bluff, Arkansas. I would like to know if we are considered part of this class action law suit. If so, who do we talk to about signing up because I know I didn't get a chance to take my lunch break. UPS management team is very unprofessional and dumb. They treat their employees like dirt. You can stay with this company if you kiss a lot of ass or sleep around with management. So I'm glad they have to pay out $87 million dollars.
Posted by: Fannie Mae | September 26, 2007 at 11:55 AM