UPS Fights Ex-Employee's Calif. Suit Over COVID-19 Risk

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UPS Fights Ex-Employee's Calif. Suit Over COVID-19 Risk - Law360

UPS urged a California federal judge Thursday to toss a former employee's proposed class action accusing it of systematically endangering workers' health and safety by leaving them vulnerable to exposure to COVID-19, arguing that the ex-employee's claims belong before regulators, not a judge.

United Parcel Service Inc. told U.S. District Judge William Alsup during a remote hearing Thursday that former employee Desdnie Hess' claims should be nixed, arguing that the dispute is really a workers' compensation issue that should be referred to the state regulator.

But Judge Alsup expressed concern that referring the case to California's Department of Industrial Relations' Division of Occupational Safety and Health of California, known as Cal/OSHA, might mean that Hess wouldn't be able to recover damages for the emotional distress she alleges she suffered as a result of UPS' purportedly lax safety protections.

"You're saying, 'Go see OSHA,' but OSHA's not in a position to give money out," Judge Alsup said.
 
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