Augustine, et al. v. United Parcel Service, Inc.

LOS ANGELES SUPERIOR COURT
Lead Case No. BC636468

THE COURT GRANTED FINAL APPROVAL TO THE SETTLEMENT ON JULY 30, 2024.

COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR FINAL COURT APPROVAL

You may be eligible to receive money from an employee class action lawsuit (“Action”) against United Parcel Service, Inc. (“UPS”) for alleged wage and hour violations. The Action was filed by current and former UPS employees Ddilon Cabezas, Desmond Augustine, Daniel Campos, Terry Jackson, Nick James, and Carlos Silva (“Plaintiffs”) and seeks payment of back wages and expense reimbursements to two Classes of employees. Class I is all California-based hourly, non-exempt package car delivery drivers (identified by using job codes: O300, O303 and O308), excluding drivers using personal vehicles to deliver packages for UPS, employed by UPS in California other than those employed at the Gardena, Main Street, and Olympic locations, any time from May 22, 2014 to January 25, 2024; Class II is all California-based hourly, non-exempt package car delivery drivers (identified by using job codes: O300, O303 and O308), excluding drivers using personal vehicles to deliver packages for UPS, employed by UPS at the Gardena, Main Street, and Olympic locations, any time from October 5, 2012 to January 25, 2024. Plaintiffs also seek penalties under the California Private Attorney General Act (“PAGA”) for two groups of aggrieved employees. Aggrieved Employee Group I is all California-based hourly, non-exempt package car delivery drivers (identified by using job codes: O300, O303 and O308), excluding drivers using personal vehicles to deliver packages for UPS, employed by UPS in California other than those employed at the Gardena, Main Street, and Olympic locations, any time from June 4, 2017 to January 25, 2024; and Aggrieved Employee Group II is all California-based hourly, non-exempt package car delivery drivers (identified by using job codes: O300, O303 and O308), excluding drivers using personal vehicles to deliver packages for UPS, employed by UPS at the Gardena, Main Street, and Olympic locations at any time from October 5, 2015 to January 25, 2024 (collectively, “Aggrieved Employees”).

“Class Period I” means the period from May 22, 2014 to January 25, 2024. Class Period I applies to Class I. “Class Period II” means the period from October 5, 2012 to January 25, 2024. Class Period II applies to Class II. “PAGA Period I” means the period from June 4, 2017 to January 25, 2024. PAGA Period I applies to Aggrieved Employee Group I. “PAGA Period II” means the period from October 5, 2015 to January 25, 2024. PAGA Period II applies to Aggrieved Employee Group II.

The proposed Settlement has two main parts: (1) a Class Settlement requiring UPS to fund Individual Class Payments, and (2) a PAGA Settlement requiring UPS to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”).

If you worked for UPS during one of the Class Periods and/or one of the PAGA Periods, you have two basic options under the Settlement:

(1) Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period wage claims and PAGA Period penalty claims against UPS.

(2) Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment but you will also not release your underlying wage and hour claims, meaning you preserve your right to personally pursue Class Period wage claims against UPS. You cannot opt-out of the PAGA portion of the proposed Settlement; therefore, if you are an Aggrieved Employee, even if you opt-out you will remain eligible for an Individual PAGA Payment and you will give up your right to assert PAGA Period penalty claims against UPS.

UPS will not retaliate against you for any actions you take with respect to the proposed Settlement.