United Parcel Service

News & Analysis as of

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?

With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42...more

Appellate Court Notes

SC19194 - State v. Miranda SC19289 - Deutsche Bank National Trust Co. v. Perez Supreme Court upheld Appellate Court’s decision to reform the plaintiff’s mortgage. SC19226 - Sullins v. United Parcel...more

Developments in Pregnancy Discrimination Law: UPS, EEOC, and I

Readers of this blog have seen several posts on the topic of pregnancy discrimination. In the last couple of weeks, the following additional developments concerning the topic have occurred...more

Supreme Court to Determine If Employers Must Provide Accommodations for Pregnant Workers

Women account for 57.2% of the American workforce and are increasingly working throughout their pregnancies. While most pregnant women require no changes in their jobs, some — particularly those with physically demanding...more

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy,...more

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

Pregnancy Discrimination in the Workplace – The Supreme Court Weighs In on Employer’s Duties

In our previous blog post, we discussed and detailed the Pregnancy Discrimination Act and the stringent Enforcement Guidelines distributed by the EEOC this summer. On December 3rd, the United States Supreme Court will hear...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

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