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UPS Plays Doctor with Employees |
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A nationwide class action has been filed against United Parcel Service, Inc., on behalf of current and former UPS employees who allege that the company illegally terminates certain employees because it disapproves of their prescription medications. The action alleges that the terminations violate the federal Americans with Disabilities Act, and seeks unspecified compensatory and punitive damages.
The former employees who have been terminated were allegedly all using legal prescriptions under their doctors’ supervision. The lawsuit alleges that UPS singles out employees with a history of addiction to alcohol or drugs, and then forces them to disclose their prescriptions. Thereafter, the employees are prohibited from using any medications the company believes are “inappropriate” for someone in recovery. UPS tests employees’ urine to make sure they have stopped using they forbidden prescriptions. If a targeted employee has not quit using the medicine, the action alleges that they are fired. The action alleges that the ADA protects persons with disabilities from exactly this sort of employment discrimination, and alleges that UPS’s actions amount to nothing less than practicing medicine without a license.
Andrew Imparato, President and CEO of the American Association of People with Disabilities, has pledged his organization’s support of the suit, and is now listed as a plaintiff in the action. With more than 90,000 members, the Washington, DC-based non-profit organization is the largest cross-disability organization in the U.S. “When an employer interferes with an employee’s medical care, it crosses a line…Addiction is a disease. Many of these employees also suffer from psychological illnesses that are best treated with prescription medications. There’s just no legitimate reason for UPS to be second-guessing licensed physicians. That’s why we joined as a co-plaintiff,” Imparato stated for the record.
The action alleges that driver safety is not at issue, since the no-drug rules apply only to the 260,000 office workers, package sorters and other employees whose jobs aren’t safety sensitive-- Drivers and pilots are not a part of the proposed class.
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Other Employment Cases of Interest
A national collective action has been filed in Georgia against IKKA Technology, Inc. The action is brought on behalf of all managers, aged 50 and older, who have been terminated by the company as a result of corporate re-structuring. The action is brought under the federal Age Discrimination in Employment Act and seeks back pay and front pay, liquidated damages, statutory and compensatory damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the case in order to be considered a member of the class. The managers have requested that the court issue notice to all potential claimants in an effort to inform them of the pending action.
As the result of an alleged continuous pattern of labor violations, another collective action has been filed in Florida against the School Board of Broward County, Florida. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the board. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as well as statutory damages, liquidated damages and declaratory relief. Wal-Mart became the target of another class-action lawsuit, filed by advocates for workers in six countries who charged the company overlooks labor abuse at factories run by its suppliers.
The lawsuit, filed in California Superior Court in Los Angeles, lists as plaintiffs 15 workers in Bangladesh, Swaziland, Indonesia, China and Nicaragua. The lawsuit claims they were paid below minimum wage in their country, forced to work unpaid overtime and in some cases even endured beatings by supervisors. It asserts that Wal-Mart failed to enforce worker treatment provisions of its contracts with suppliers. A statewide collective action with possible national reach has been filed in West Virginia against credit card customer service giant, Applied Card Systems, Inc. The action is brought on behalf of all West Virginia employees of Applied who were not paid proper overtime compensation for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the action in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A class action lawsuit has been filed in the Northern District Court of Texas against FFE Transportation Services Inc. for violations of the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Class members seek to recover unpaid overtime wages, attorney's fees and costs of the litigation. A statewide collective action has been filed in Florida against Coastline Building Enterprises of Florida, Inc. The action is brought on behalf of all
current and former employees, who since February 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members.
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