DRIVER CLASS ACTION LAWSUIT APPROVED BY FEDERAL COURT
On March 14, 2005 Judge Thelton E. Henderson of the United States District Court for the Northern District of California certified a class action on behalf of drivers against UPS for violations of California law related to meals and rest periods.
The lawyers representing the drivers have prepared a temporary set of answers to frequently asked questions (FAQs) below. Additional information will be available on this site soon.
Notice of Class Action
DRIVER CLASS ACTION LAWSUIT FAQs
What is this case about?
On February 6, 2003 a lawsuit was filed against UPS by several UPS drivers for violations of California wage and hour laws. The lawsuit alleges that UPS failed to provide certain drivers with meal and rest periods under California law. The lawsuit also alleges that UPS deliberately designed its timekeeping and payroll systems to inaccurately record time and avoid paying certain drivers for time they worked.
What is the significance of the judge certifying this lawsuit as a class action?
The judge's order certifying the drivers' lawsuit as a class action means that the legal claims and rights of many drivers throughout California can now be decided in a single court proceeding. This avoids the need for thousands of drivers to file similar individual lawsuits and fight UPS individually.
What legal claims/violations are a part of the class action?
The judge certified the following legal claims to be included in this class action:
- Whether UPS breached its obligation to provide drivers with a first meal period
under California Labor Code section 512;
- Whether UPS's "standard lunch deduction" violated California Labor Code section 226;
- Whether UPS failed to provide a second meal period and third rest period to drivers who worked more than ten hours a day; and,
- Whether one or more of these alleged violations constitute an unfair business practices under California's unfair competition law.
What drivers are currently considered part of the class?
The judge has defined the class as all hourly California employees of UPS whose job responsibilities during the period of February 6, 1999 to March 14, 2005 included delivering or moving packages by driving on road. As currently defined by the Court, the class presently includes all drivers designated by UPS as Package-Car or Feeder drivers, as well as Combination drivers and Utility drivers whose job responsibilities included those of Package-Car or Feeder drivers.
***Please be aware that this definition is subject to change.***
Who are the lawyers appointed by the Court to represent the class of drivers?
- York Law Corporation, 2295 Gateway Oaks Drive, Suite 165, Sacramento, CA 95833, (916) 643-2200;
- Kershaw, Cutter & Ratinoff, 980 9th Street, 19th Floor, Sacramento, CA 95814, (916) 448-9800;
- Scott Cole & Associates, 1970 Broadway, Suite 950, Oakland, CA 94612, (510) 891-9800.
What do I need to do to participate?
If you are a potential class member you will receive official notice from the court that will explain how you can participate in this class action.
Can I participate if I no longer work at UPS?
Yes, if you otherwise qualify as a class member, you can participate even though you no longer are employed at UPS. If you are a former UPS employee that is a potential class member, you will receive official notice from the court that will explain how you can participate in this class action. If you have moved or changed addresses since you left UPS, please email us your change of address information at .
What do I need to do if I do not want to participate?
If you are a potential class member you will receive official notice from the court that will explain how you can "opt out" and choose not to participate.
Will drivers who participate in this class action receive a monetary award?
This class action lawsuit seeks relief for drivers in the form of a monetary damages award. But it is too early to tell whether drivers will receive any type of monetary award. This case has only been certified as a class action it has not been tried in court or settled.
When will this case go to trial or settle?
It is difficult to know how long it will take for this case to conclude. This case has not yet been set for trial, although it is expected that the judge will set a trial date shortly. As with any litigation, there is always a possibility that the case will settle before trial. As soon as more information is available, class members will be notified and this web page will be updated.
Who should I contact for more information?
If you have any questions you may contact class counsel (the lawyers identified above) via email at .
***Please note that this material is a summary of information presently in the public domain and is provided for educational purposes only. This information should not be construed as legal advice and is subject to change. If you are a potential member of the class action that was certified, you will receive official notice of this class action from the court that will fully explain your rights and duties with respect to this class action.***
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