California lawsuit settlement rumor (no troll posts)

Discussion in 'UPS Discussions' started by HOWNOWBROWNCAFE, Jul 1, 2009.

  1. HOWNOWBROWNCAFE

    HOWNOWBROWNCAFE New Member

    California lawsuit settlement rumor
    Can anyone verify if this real or just a rumor? There was a recent settlement of a lawsuit in California involving worker harrassment/intimidation?--- Anyone?
     
  2. hitman15

    hitman15 New Member

    Re: California lawsuit settlement rumor

    As much as UPS wants to dispell the rumors, this one really happened





    Furutani & Peters LLP: UPS Supervisor Awarded $162,992.85 in OvertimeCompensationLOS ANGELES, June 19 /PRNewswire/ -- A unanimous federal jury awarded formerUPS supervisor Michael Marlo$162,992.85 in unpaid overtime, missed meals andrest period compensation. The nine-person jury found that UPS improperlyclassified Marlo as an exempt employee and wrongfully deprived him of mealsand rest periods and overtime compensation in violation of California law."We are pleased that the jury found in Mr. Marlo's favor. UPS has routinelyoverworked its supervisors and intentionally misclassified its supervisors toavoid paying overtime and deprive them of meals and rest periods that UPS isrequired to provide under California law. This has allowed UPS to deprive itsCalifornia supervisors of substantial amounts each year," said Mark Peters,attorney for Mr. Marlo. "We hope that the jury's verdict will send a messageto UPS to follow California law, as well as reduce the excessive workload andthe number of hours it forces its supervisors to work."The case is Michael Marlo v. United Parcel Service, Inc., United StatesDistrict Court for the Central District of California, Case No. CV 03-4336 DDP(RZx). The verdict was reached on May 20, 2009.
     
  3. The-UK-Guy

    The-UK-Guy Tea anyone ?

    Re: California lawsuit settlement rumor

    I heard the supervisor gave back all the money to UPS because he loved his job
     
  4. Creeper head

    Creeper head New Member

    Re: California lawsuit settlement rumor

    no he didnt give the money back, cause he got fired in dec. Now he has a law suit for wrong full termination. He was in sup for about 20yrs
     
  5. LastBest&Final

    LastBest&Final To Endeavor To Persevere

  6. mpeedy

    mpeedy Member

    Re: California lawsuit settlement rumor

    It is a true story about the supervisor Mike Marlo, he won the lawsuit. He was also fired late last year for having an argument with a customer who parked illegally at the customer counter. Pretty stupid.
     
  7. pretzel_man

    pretzel_man Well-Known Member

    Re: California lawsuit settlement rumor

    As far as I know, UPS never tried to pretend this didn't happen. Aside from that, the post is accurate.

    Of course, what you posted is a statement from the law firm that stands a lot to gain from this case and the others that were filed.

    From my perspective, this is a BS California case. Its not the first.

    The claim is that these supervisors are hourly employees, not part of management. I think it was originally filed back in 2005.

    P-Man
     
  8. UPS Lifer

    UPS Lifer Well-Known Member

    Re: California lawsuit settlement rumor

    I thought the same thing as you Tie. The first poster talks about harassment - I don't know anything about that!

    The second poster has referenced a case that was settled. I read about it and it stuck in my mind because the law firm who represented UPS has contacted me through my former district HR manager.

    The class action lawsuit for full-time supervisors regarding salary vs overtime was thrown out, BUT the court opened the door on individual lawsuits by each supervisor based on the merits.

    Three supervisors who have worked for me have filed lawsuits and I have been contacted by the law firm representing UPS out of LA and San Francisco to make a declaration for a summary judgment in those cases. I should state also that these are all seasoned supervisors who have worked for many different managers over their career.

    This is oversimplifying it but it will give you an approximation of what the lawsuit would entail.

    Basically, the supervisors have to prove that they were/are nothing more than following direction for the company and should be paid for overtime and additional meal time for hours worked. (non-exempt)

    The UPS lawyers would argue that the supervisors are exempt employees and do not fall under the California guidelines for non-exempt status.
    The company would have to show that their job description entails making decisions and performing tasks that qualify the employee for exempt status. (The supervisors get paid a salary and no overtime)

    I will not comment about the specifics of cases I am involved in but I can see that there are merits on an individual basis where a supervisor may be able to show cause for non-exempt status.

    Also, I did not ask how many cases are pending. I can tell you that I have been involved with this process since last February and the cases are only at the summary judgment stage as I write this.