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UPS Supervisor/Specialist Overtime Pay Class Action


Current and former United Parcel Service (NYSE:UPS) human resources department employees allege in a federal lawsuit that the company violated federal and New York state labor laws by misclassifying employees as exempt from federal overtime requirements, according to the law firm representing the employees.

Joseph Dorfman, of Amenia, N.Y., and Maryann Barone, of West Babylon, N.Y., allege in a lawsuit filed Feb. 16 that current and former employees at New York state facilities, including supervisors, part-time supervisors, specialists and part-time specialists, were misclassified by UPS as salaried employees exempt from the overtime requirements of the federal Fair Labor Standards Act (“FLSA”).

The law firm of Outten & Golden LLP, of New York, represents Mr. Dorfman and Ms. Barone, and will seek to have the case certified as a class action that includes current or former misclassified supervisor/specialist employees of UPS in the state of New York.

According to the Complaint, Mr. Dorfman, who has been employed by UPS since 2000, worked at the company’s Maspeth, N.Y., facility, and Ms. Barone, who worked for the company for about five years until 2005, was employed at UPS human resources department facilities in New York, Connecticut and New Jersey.

Jack A. Raisner, an attorney at Outten & Golden’s New York office, said, “We allege that UPS committed over a period of several years widespread violations of the FLSA by misclassifying New York employees in supervisor/specialist positions as exempt. We also allege that UPS reclassified certain employees as non-exempt early in or about January 2005, but has not paid them for overtime worked during several years prior to the filing of this suit.”

The case is “Joseph Dorfman and Maryann Barone v. United Parcel Service” (No. 06 CV 00703) in the U.S. District Court for the Eastern District of New York.

Please contact Jack Raisner or call (212) 245-1000 for more information.

(*Prior results do not guarantee a similar outcome.)