UPS Paid Military Leave Litigation
Summary of Lawsuit
This lawsuit alleges that United Parcel Service violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide normal wages to employees who took short-term military leave.
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Since at least October 10, 2004, UPS has continued to pay its employees’ normal wages during leaves of absence such as jury duty leave, sick leave and bereavement leave but has not provided wages for employees who take short-term military leave. USERRA protects the rights of servicemembers by requiring employers to treat military leave as no less favorably than other comparable forms of leave with respect to benefits or salaries that employees receive during leaves of absence. The Complaint alleges that by continuing to pay employees wages during periods of jury duty leave, sick leave, bereavement leave and other comparable forms of leave but refusing to provide wages to employees on short-term military leave, UPS violated USERRA.
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This lawsuit has been certified on behalf of the following Class:
All current and former full-time employees of UPS subject to the Joint Council Rider No. 28 who worked in the State of Washington from October 10, 2004 through the date of judgment and, during their employment with UPS, took one or more short-term military leaves of 14 or fewer consecutive days and did not receive the regular pay that they would have earned had they continued to work their ordinary work schedules.
Excluded from the Class are persons who previously reached settlements with or judgments against Defendants resolving or releasing any claims arising during the Class periods under USERRA related to any of the claims in this lawsuit. 5. Also excluded from the Class are persons who are managers and fulltime supervisors who received a salary when taking military leave lasting less than one week.
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The Complaint was filed on March 16, 2021. The Amended Complaint was filed on August 2, 2021.On March 31, 2022, the Court denied Defendants’ Motion to Dismiss.
The Court certified the Class on July 5, 2023. Class Notice was mailed to class members on September 15, 2023.
Discovery is ongoing through May 1, 2024. A jury trial is currently scheduled to begin on October 21, 2024 in Spokane, Washington.
Notice Administrator Website: www.UPSUSERRALawsuit.com
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Whom to Contact for More Information
If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:
R. Joseph Barton, Esq. jbarton@thebartonfirm.com
Ming Siegel, Paralegal ming@thebartonfirm.com
The Barton Firm LLP
1633 Connecticut Ave. NW Suite 200
Washington, DC 20009
(202) 734-7046
The Barton Firm LLP is co-counsel in this litigation with Outten & Golden LLP, Gupta Wessler PLLC, Crotty & Son Law Firm, PLLC, and the Law Office of Thomas G. Jarrard LLC.