UPS Driver Lawsuit Certified as Nationwide Class Action

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.

The UPS driver overtime lawsuit seeks unpaid overtime wages and minimum wage under the Fair Labor Standards Act. Allegedly, UPS Supply Chain Solutions compensated the plaintiff and similarly situated individuals 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. When the plaintiff was compensated using this piece rate, UPS Supply Chain Solutions, Inc. reportedly failed to count all hours worked and therefore did not provide the proper overtime pay. Additionally, according to the wage and hour lawsuit, by failing to properly compensate the plaintiffs, the defendant also failed to provide at least the minimum wage for all hours worked.

Current or former drivers who worked for UPS Supply Chain Solutions, Inc. or any of its predecessors as an independent contractor at any point during the last three years and did not receive overtime pay or minimum wage may be able to join this lawsuit. A copy of the Court’s Order is linked below, as well as the proposed Consent Form to Join this action.

For more information on the UPS driver overtime lawsuit, please visit The law prohibits the Defendant, UPS-SCS, from retaliating you in any way for pursuing your right to overtime and minimum wage damages.

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