Orlando 4/8/2011 3:19:13 AM
News / Law

Morgan and Morgan Announces National Certification in UPS-SCS Overtime Lawsuit

The attorneys at Morgan and Morgan are pleased to announce that the U.S. District Court for the Southern District of Florida has conditionally certified an overtime case involving UPS Supply Chain Solutions, Inc. delivery drivers as a collective action. The certified class includes all current and former drivers who worked for UPS Supply Chain Solutions, Inc. or its predecessor companies in any state as an “independent contractor” at any point during the last three years and did not receive minimum wage or overtime pay. To find out if you can become a member of this collective action, visit http://www.usovertimelawyers.com/ and complete the free case evaluation form.

The plaintiff in the overtime lawsuit worked as a driver for UPS Supply Chains Solutions, Inc. As a driver, the plaintiff provided pick-up and delivery services for the company’s Service Parts Logistics Unit and its customers. He worked out of two SCS warehouse in Florida; however, his work was assigned by SCS dispatchers in other states. In order to be eligible for a work assignment, the plaintiff would “check in” with a dispatcher and add his name to a list of available drivers. When his name reached the top of this list, the dispatcher would call the plaintiff with a potential assignment, which he had the option of accepting or declining. According to the plaintiff, he would often have to wait hours for a job assignment at or near the warehouses. He claims that he was not compensated for time spent waiting and could not steadily work for another company as he would have to be in close proximity to the company’s warehouse. 

The overtime lawsuit claims that during this time, the plaintiff worked full time, seven days a week and regularly worked more than 40 hours a week. The suit also claims that the plaintiff was required to communicate periodically with the dispatchers regarding delivery issues or delays. Regardless, the plaintiff and others were allegedly forced to sign independent contractor agreements and were compensated using a non-negotiable piece rate method in which they received either a lump sum amount for deliveries within a certain radius of the pick-up location or an amount per mile for stops outside that radius.

The case seeks the recovery of overtime wages and minimum wage under the Fair Labor Standards Act. Visit USOvertimeLawyers.com for more information on the case and to receive a free online case review. 

About Morgan and Morgan

Morgan and Morgan is one of the largest Personal Injury law firms in the country with multiple office locations throughout Florida and the Southeast. The firm handles auto accident cases, personal injury cases, and medical malpractice cases, as well as claims against drug and medical device manufacturers. Visit Morgan and Morgan online at http://www.forthepeople.com for a free case evaluation and information about your legal rights.