Wage Law

Last month, U.S. District Court Judge Thelton E. Henderson gave final approval to an $87 million settlement in a meal and rest period class action brought by a class of drivers against United Parcel Service for forcing employees to work off the clock. A pre-certification mediation with David Rottman was unsuccessful. After the case was certified and the class members won several key rulings, the case settled. Fully 94% of the class members participated in the settlement. The court approved attorney's fees of 25%, along with $15,000 to $25,000 in class representative enhancements. Approximately $4 million in settlement fund residue will be donated to food banks.

The lawsuit alleged that UPS package car drivers who worked more than ten hours a day routinely worked through their meal and rest breaks. They routinely had to wait more than five hours for their first meal break. The class action was filed after the class representatives were unable to change the policies through union grievances. Some of the 23,000 affected drivers received award of nearly $20,000. Congratulations to William Kershaw (Kershaw, Cutter & Ratinoff, LLP), Lyle Cook, Wendy York, Scott Cole and their entire team, for obtaining what is undoubtedly the largest meal and rest period settlement we've seen.