Update: On March 31, 2011, the United States District Court for the Southern District of Florida (Judge Lenard) entered an Order overruling UPS-SCS' objections to certification of this case as a nationwide collective/class action and has ordered UPS-SCS to turn over a list of all couriers who worked for UPS-SCS during the last three years who were classified as "independent contractors." Each person on this list will receive a letter and enclosed consent form offering them the opportunity to join this case and proceed on their respective claims for unpaid minimum wages and overtime. A copy of the Court's Order is linked below, as well as the proposed Consent Form to Join this action. If you have any questions, feel free to email lead counsel, Richard Celler, or call our firm at 866-344-9243. The law prohibits the Defendant, UPS-SCS, from retaliating you in any way for pursuing your right to overtime and minimum wage damages.
On February 23, 2010, Ernesto Carrera and Christopher Stephenson, delivery drivers ("drivers") employed by UPS SUPPLY CHAIN SOLUTIONS, INC. ("SCS") filed a lawsuit against SCS challenging the misclassification of drivers as independant contractors. SCS did not pay delivery drivers minimum wages for hours worked and full and proper payment of "time and a half" wages for all overtime hours worked. To date, over ten (10) drivers have joined the case and allege that Defendants violated the Fair Labor Standards Act (FLSA) by not properly paying eligible drivers minimum wage and or overtime compensation, for all hours worked in excess of 40 hours in a week. The lawsuit is seeking back pay and liquidated damages from the Defendants, as well as costs and attorney's fees to compensate such eligible drivers. On March 19, 2010, Plaintiffs filed a motion seeking class certification.