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Filed in state court in Manhattan, the lawsuit accuses UPS of
“repeatedly and persistently” failing to properly compensate
driver helpers, who assist with deliveries, and seasonal support
drivers, who use their own vehicles to make deliveries. James
estimated that in the last six years, UPS has deprived tens of
thousands of seasonal workers of wages totaling about $45
million.
The lawsuit seeks back pay and penalties, plus a court order
requiring UPS to end off-the-clock work and change its
timekeeping and payroll practices. The company, known for its
brown trucks and uniforms, delivered an average of 22.4 million
packages a day and brought in $91.1 billion in revenue last
year, according to its website.
“We oftentimes don’t think of these workers when we’re opening
up our gifts for the holidays,” James said at a news conference
announcing the lawsuit. “And these individuals are struggling
each and every day to make ends meet.”
In a statement, Georgia-based UPS said it was aware of the
lawsuit, “takes all accusations of wrongdoing seriously and
denies the unfounded allegation of intentionally underpaying UPS
employees.”
“We offer industry-leading pay and benefits to our more than
26,000 employees in New York, and we remain committed to
following all applicable laws,” the statement said.
James, a Democrat, said she started investigating UPS in 2023
after an employee union, Teamsters Local 804, raised concerns
about the company’s treatment of seasonal workers. Those workers
are employed on a temporary basis from October to January.
Josh Pomeranz, the union’s director of operations, said that
while there isn't evidence that the company’s top management was
involved in, aware of or condoning alleged wage theft, “these
are just certain practices that you have to actively ignore, not
to see it happening."
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