Trade News > Air Cargo > UPS Faces Overtime Lawsuit

UPS Faces Overtime Lawsuit

Air Cargo World | Aug 24, 2009 5:21PM GMT

The Journal of Commerce Online - News Story

California class-action case claims sales managers faced unpaid time

A class-action lawsuit filed against UPS last week claims the delivery giant has been withholding as much as $100 million in overtime wages from account managers throughout the United States.

Filed with the U.S. District Court for the Southern District of California by Sanford Wittels & Heisler, the lawsuit says UPS requires account managers to work up to 60 hours a week but claims these workers do not deserve to get overtime pay.

Laura Meza, a UPS account manager in Fullerton, Calif., brought the action that alleges violations of the Federal Fair Labor Standards Act and California’s wage and hour laws. She aims to represent thousands of other UPS account managers, said a statement from the law firm.

According to Meza, UPS fails to pay its account managers overtime wages for work in excess of 40 hours a week and eight hours a day; fails to provide these workers with mandatory meal period and rest breaks, and fails to keep accurate records of the hours these employees work.

“When it comes to treating its workers fairly, UPS just doesn’t deliver,” said attorney Jeremy Heisler, of the law firm’s New York office.

A UPS spokesperson said, "We value the account manager role in our sales organization. There is a defined sales compensation structure and we believe these employees are classified as exempt."

I am a former UPS Freight Account Manager who was loving his job at Overnite Transportation. However, in 2005 our company was purchased by UPS. At that time the stress level rosed 100% and you became a number. You had to meet goals or else. In June of 2006 I had a heart attack and my doctor told me I was done working for this company. It was my doctors advise that if I got back into the stressful situation that was constant at UPS my long term future was not good. I had to retire at that time as there is much more to life than working for UPS.

- By Pete on 12/17/09

I gave my resignation to UPS Freight on April 24, 2009 after 2 years of 14 hour days as an Account Manager. UPS is relentless and it was affecting my health, home life and work environment. Enough was never enough and I even worked through lunch hours and late at night just to make sure that that I completed my work. It also began to affect my relationship with my customers due to the daily challenges of completing the required (CRT-Customer related time) each and every day. I wasn't able to give my customers the time they needed to resolve operational issues. I was even told by my Regional Manager that if you weren't working at least 12 hours a day than you were not working hard enough. I finally decided that if I couldn't adapt to the culture, than I needed to take a different direction. I went to another LTL carrier and couldn't be happier as I am able to do what I was hired to do...Retain business through relationships and problem resolution

- By ShandaMckenzie on 8/26/09

I can tell you as an ex UPS employee (not in sales but in gruntwork) that they really don't care much at all for their employees. Of course they put on a front for the employees themselves and for 3rd parties looking in, but take a tour of a hub facility let's say... Sweetwater Hub in Houston, Texas... the facility is basically in shambles. Equipment is often broken/malfunctioning and is a hazard. Employees are pushed to their physical limit, even to the point of heatstroke/vomiting due to overexersion and when they can't push themselves any longer they are ostracized (loaders being mostly male their sexuality is usually called into question) to discourage breaks/cooldowns. So tell me that UPS cares about their employees and I'll tell you to go kick rocks. (one of my father's favorite expressions)

- By MSCAgent1337 on 8/25/09

What’s in your UPS account managers wallet, and how did it get there?

A UPS spokesperson said, "We value the account manager role in our sales organization. There is a defined sales compensation structure and we believe these employees are classified as exempt."

Is this a brown or purple issue?

Wait a minute, you mean FedEx contractors didn’t you. I am confused, do you think there is a hint of purple in this class action. I am sure I saw brown shadows in the FedEx contractor class action.

When I face choices as the above (I am color blind) and the two parties keep throwing rocks, mud and costly legal issues I come to an easy conclusions.

1.Call the USPS and replace all UPS and FedEx residential services with the USPS. Both companies use the USPS for “final mile delivery”. What an excellent endorsement.

2.Have you checked out the flat rate priority program? Just absolutely amazing. Call your rep.
3.Do you know how many of your shipments can go with the excellent regional package carriers from your distribution centers? What a treat you are in for, along with bottom line profit improvement.

Come on now Big Brown and Deep Purple stick to what you both have done in the past. Pay attention to your people, customers and offer the excellent service and value you always have. Tell the lawyers to go pound salt. (One of my father’s favorite expressions)

- By henrymullen on 8/24/09