The action alleges that UPS requires drivers to report to work each day by 8:15 or 8:30 a.m., collect their pre-loaded trucks, perform a pre-trip inspection and immediately begin delivering and collecting packages. UPS guarantees its customers delivery of their packages by certain times throughout the day: UPS Next Day Air guarantees delivery to every address by 10:30 a.m. UPS Second Day Air A.M. guarantees that packages will be delivered before noon on the second business day. UPS Next Day Air Saver guarantees delivery of packages shipped by 3:00 p.m. or 4:30 p.m. Commercial customers are guaranteed that their packages will be picked up at the customer's business between 2:30 and 5:00 p.m. on workdays.

In addition to those deadlines, drivers have to deliver all pick-up packages that are being shipped overnight to a designated location by 5:45 p.m. or 7:00 p.m. and return to the warehouse by 8:30 p.m. This rigid maze of deadlines allegedly creates a workday during which drivers have no time in which they can take the meal breaks and rest breaks that California law mandates. To make up for the lack of time during the day for breaks, UPS allegedly forces drivers to take all of their break times in one combined period, or even at the end of the business day, practices that are illegal under California law.

The action alleges that UPS utilizes flawed and outdated time studies of geographical areas to dictate the company's expectations of how long it should take a driver to complete his or her route. These studies are allegedly used state-wide and set unrealistic time deadlines that drivers are required to meet--if they fail to make their deadlines, drivers are allegedly disciplined.

Compounding the problem of stringent deadlines, UPS allegedly eliminates routes on a daily basis and then spreads the work from the eliminated route over other routes, increasing the drivers' workloads. On top of this, UPS permits customers to use the Internet to access estimated delivery times for packages, creating unrealistic delivery expectations which place even more pressure on drivers to skip their breaks.

The proposed class is made up of all California residents who are current or former non-exempt drivers for UPS within the last four years and who meet any of the following criteria:

1.) They worked without rest periods or meal periods.

2.) They were subjected to illegal break policies, including (a) the practice of combining rest periods and meal periods into one large, combined break; or (b) the practice of combining all rest periods and meal periods at the end of the workday.

3.) They worked a 10+ hour day without a second meal period.

4.) They had one hour of pay per workday deducted from their paychecks when they were not able take a lunch/meal period on a workday.

5.) They have been subjected to illegal deduction of wages ("dinging") for failure to meet the "Bonus Plan" or "Incentive Plan."