SAN FRANCISCO – A California woman has filed a class action lawsuit against former employer United Parcel Service, alleging the company systematically violated federal labor codes by not allowing certain employees rest or meal breaks and not properly compensating them for all hours worked.
Emilia Santos was formerly employed by the company’s San Ramon Customer Center as a non-exempt, hourly, part-time supervisor from July 2017 to February 2018, during which time she alleges she regularly worked shifts of more than six-hours without being afforded a 30-minute meal break or being paid for that time spent still working, in violation of state law.
Santos further maintained in her complaint –filed in U.S. District Court for the Northern District of California – that in order to uphold the long held practice, the company had a system by which part-time employees would clock out for breaks, but be required to continue working as a means of keeping up production and controlling costs. In instances where workers failed to clock out, attorneys for Santos told the court UPS managers or supervisors would access the timecard system and edit the times as they saw fit.
“Defendants’ conduct, as alleged here, caused plaintiff and other class members damages including, but not limited to, loss of wages and compensation,” attorneys for Santos charged in the filing. “Defendants are liable to plaintiff and the class for failing to pay meal and rest break premiums, failing to pay all straight-time wages owed for each pay period, failing to provide timely and accurate wage statements, and failing to pay wages due upon termination.”
Represented by David Markham of the San Diego-based Markham Law Firm, Santos and those similarly situated are seeking back pay and “other equitable relief as the court may deem just and proper” as a result of what they characterize as blatant violations of the California Unfair Competition Law.
UPS is represented by Walter Haines of the United Employees Law Group in Huntington Beach.