A United Parcel Service, Inc. employee claims the packaging and shipping giant has misclassified hub operations supervisors as exempt from receiving overtime pay.
According to the plaintiff’s proposed class and collective action, the workers perform primarily non-exempt tasks and are therefore entitled to time-and-a-half wages for every hour they worked in excess of 40 each week, in accordance with the Fair Labor Standards Act and Arkansas state law.
The plaintiff has worked for UPS as a hub operations supervisor since 2013 and is responsible for unloading and sorting packages and facilitating the unloading and sorting of packages from UPS trucks, the lawsuit says. Per the case, the plaintiff regularly works from 3:00 p.m. to 12:00 a.m. or later Monday through Friday, putting in between 55 and 60 hours per week.
Despite working more than 40 hours per week, the plaintiff has been misclassified as exempt from receiving time-and-a-half overtime pay, the lawsuit attests. According to the suit, the plaintiff and other hub operations supervisors are not responsible for hiring or firing other employees and do not exercise discretion or independent judgment with respect to matters of significance. The lawsuit claims hub operations supervisors’ duties are “repetitive, rote or mechanical tasks which were subject to close review and management.” Rather than making significant decisions on their own, the workers regularly seek input from supervisors and, in exercising their duties, follow the defendant’s processes, the case attests.
The suit argues that in light of the nature of hub operation supervisors’ job duties, the workers should be classified as non-exempt employees entitled to receiving overtime pay yet have unlawfully been denied such by UPS.
“At all relevant times herein, Defendant has deprived Plaintiff and other salaried Hub Operations Supervisors of overtime compensation for all of the hours worked over forty per week,” the complaint in Arkansas Eastern District Court alleges.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.