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Case ID: 3697 | Employment | 09/28/2004
A nationwide class action has been filed against parcel delivery giant UPS on behalf of disabled workers. The lawsuit alleges that UPS engaged in company-wide violations of the federal Americans With Disabilities Act. The plaintiffs seek a permanent injunction barring UPS from engaging in discriminatory employment practices and the implementation of policies that provide equal opportunities for disabled workers.
According to one of the allegations in the lawsuit, UPS maintains an unreasonable policy, pattern and practice of not allowing light duty for disabled workers returning to the job after an injury. Instead, the complaint alleges, the company requires employees to provide a "full" or "100 percent" medical release, without restrictions, before permitting them to return to work following a medical leave. The lawsuit also charges that UPS refuses to meet in good faith with its disabled employees to determine the extent of their Employees also contend that UPS refuses to reinstate permanently disabled employees in a position that will accommodate their medical restrictions in situations where reinstating them would not impose an undue hardship on the company. Finally, the lawsuit charges UPS retaliates against workers who have filed workers compensation or discrimination claims by refusing to let them return to work even if a 100% release is eventually submitted, and in violation of the workers' seniority rights under UPS' collective bargaining agreement with the International Brotherhood of Teamsters. "This case is about protecting workers' federally recognized rights and ensuring that injured workers have a job to return to," said Anita Laing, lead attorney for the plaintiffs. "These hardworking employees give years of dedicated service to the company, but when they get injured, the company turns its back on them." Christian Bagin of the Pittsburgh firm of Wienand and Bagin, co-counsel in the lawsuit, agrees. "The ADA was intended precisely to prevent big companies like UPS from slavishly working their dedicated employees, then casting them off to unemployment or disability when they become seriously sick or injured," he says. "The ADA requires the company to honestly try to find an alternative job or identify assistive devices or other adjustments to the work environment that will allow these men and women to continue to contribute to America's workforce. It's not a choice. It's the law." At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest A class action lawsuit has been filed in the Eastern District Court of Texas against Cai, Inc. for violations of the Fair Labor Standards Act (FLSA). Class members seek to recover unpaid regular wages, overtime compensation, attorney's fees and costs of the litigation. A class action lawsuit has been filed in the Middle District Court of Florida against LCM Investment Group 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 unpaid overtime pay, damages, attorney's fees and costs of the litigation. A class action has been filed on behalf of home health care workers employed by the Central State Community Services, Inc., a Tulsa based provider of home health services. The suit alleges that workers employed at Central State between 2001 and 2004 routinely worked more than 40 hours a week but were not paid overtime as required by the Federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime with interest, attorney’s fees and costs, as well as liquidated damages and equitable relief. A statewide collective action has been filed in Florida against Cingular Wireless, LLC. The action is brought on behalf of all current and former inside sales associates, 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. California's labor laws are more protective of its workers than are most states'. The class has been certified in a class action filed against finance newspaper Investor's Business Daily, Inc., and three related companies on behalf of current and former inside telephone sales marketing agents/associates who sell newspaper subscriptions from a California-based telemarketing center. The action alleges that Investor's Business Daily compels them to return commissions on failed subscriptions and also fails to pay them overtime in violation of California unfair business practices and labor laws. A national collective action has been filed in Texas against retail giant, JC Penny Corporation. The action is brought on behalf of all current and former employees involved in watch and jewelry repair who held the titles of jewelers, project assistant analysts, management associates and administrative associates from all JC Penny stores who since May 2001 and 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 back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action under federal law, 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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