United Parcel Service

News & Analysis as of

Taxpayer Overcomes New Jersey Amnesty Penalty

The Supreme Court of New Jersey recently affirmed a decision that amnesty and late-filing penalties did not apply to the taxpayers in United Parcel Serv. Gen. Servs. Co. v. Dir., Div. of Taxation, No. 072421 (N.J. Dec. 4,...more

UPS Changes Pregnant Worker Policy with Case Pending in Supreme Court

According to a memo recently sent out to all UPS employees, as of January 1, 2015 the company will offer its temporary light duty positions to pregnant workers as well as workers that have suffered injuries on the job. This...more

Consumers Looking For Deliveries at the Speed of Light

With the holidays fast approaching, and sales during November and December accounting for an estimated 30% of retailers’ annual revenue, retailers are pulling out all the stops in the ongoing fight for customer dollars, with...more

Delivery Change: UPS Announces Modification of Challenged Pregnancy Accommodation Policy Just Weeks Ahead of Supreme Court...

In July of this year, we wrote about new EEOC guidance on the accommodation of pregnant employees under both the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA). One of the primary issues...more

Seven Key Supreme Court Cases for Retailers to Watch

The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more

Indiana DOR Finds Economic Nexus, Disregards UPS

The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more

Supreme Court Agrees to Consider Pregnancy Accommodation Obligation

On July 1, the U.S. Supreme Court granted review of a case from the Fourth Circuit Court of Appeals (which includes North and South Carolina) that may resolve a circuit split with regard to employers’ obligations to provide...more

Ensuring Timely Filing with Private Delivery Services

Most of us are aware of the timely-mailed-timely-filed “mailbox rule” contained within the Internal Revenue Code. Most of us are probably also aware that a document mailed with a private delivery service may also qualify for...more

Court Delivers Markman Order in UPS Case On Order of Text Message Deliveries

Judge Amy Totenberg rendered a Markman decision in a patent infringement action brought by Mobile Telecommunications Technologies, LLC (“MTel”), against United Parcel Service, Inc. (“UPS”). MTel alleged UPS infringed U.S....more

Employment Law Advisory for February 28, 2014: The EEOC's New Challenge to a 12 Month Maximum Medical Leave Policy

Human resource professionals know that administering leave policies and practices is one of the most difficult tasks for any employer. An employer’s obligations to provide reasonable accommodation to a disabled employee and...more

Grievance Process Killed Retaliation Claim

A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes. In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he...more

The Lesson Of EEOC v. UPS And Automatic Termination Provisions: Engage In The ADA Interactive Process

Let me share a story about UPS, although in the end, this story has nothing to do with UPS. For about the past 10 years, UPS has maintained a policy of terminating any employees who are unable to return to work after...more

Worker Safety Under Review After UPS Plane Accident

Worker safety is under review after a serious UPS plane accident that occurred in Birmingham. The entire incident is under review, including the actions of the Alabama airport, air traffic controllers and UPS pilots. The...more

New Class Action Accuses UPS of Overcharging for Shipping Insurance

A new consumer class action has been filed against shipping giant UPS, alleging that the company overcharges its customers for “declared value coverage” (i.e., shipping insurance) on the packages it delivers. The case was...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

The Issue Of Accommodating Pregnant Employees May Reach The Supreme Court

Signaling that it is considering taking up the issue of what accommodations employers must provide for pregnant employees, the Supreme Court last month requested the Solicitor General’s opinion as to whether to accept the...more

Global Shipping Giant UPS to Pay $70,000 to Settle EEOC Religious Discrimination Lawsuit

Company Failed to Accommodate Jehovah's Witness's Request for Time Off for Religious Observance, Federal Agency Charged - NEWARK, N.J. - United Parcel Service, Inc. (UPS), the world's largest package delivery company,...more

Your HazMat Is In The Air: When Things Go Wrong

With increased inspections and enforcement, businesses are discovering the hard way that many common materials are “hazardous materials” (“HazMat”) under U.S. DOT rules. ...more

Federal Court Allows EEOC Disability Case to Proceed, Denying United Parcel Service's Appeal

Decision Important to Issue of Identifying Victims of Discrimination in Class Cases, Federal Agency Says - CHICAGO - A federal district court has denied United Parcel Service's (UPS) motion to appeal an earlier ruling...more

Pregnancy Discrimination Law Update

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more

Employers Shouldn't Be Too Excited About That Pregnancy Decision . . . And More From The Price Is Right

Is this new UPS pregnancy discrimination decision really such great news for employers? HINT: Check the dates!!! The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable...more

Are the Feds Enlisting FedEx to Police the Illegal Pharma Market?

The government may be coming up with a new cost-effective measure to help balance the federal budget – enlisting private companies to do their policing. A 2011 settlement between the Justice Department and Google for $500...more

UPS Sued By EEOC for Religious Discrimination

Package Delivery Company Fired Jehovah's Witness Over His Request to Attend Annual Service, Federal Agency Charges - NEWARK, N.J. - Global package delivery company United Parcel Service, Inc. (UPS) violated federal...more

June in the Eleventh Circuit – a Trend?

Employers should take note of a handful of recent decisions issued by the Eleventh Circuit Court of Appeals in June...more

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