United Parcel Service

News & Analysis as of

New FCRA Class Action Against UPS Shows Traditional FCRA Claims Alive and Well

The federal Fair Credit Reporting Act (FCRA) has created a flurry of class action complaints in recent years aimed at employers who fail to comply with the FCRA’s hyper-technical disclosure and consent requirements. However,...more

Renewable Energy Update - February 2017 #2

Renewable Energy Focus - Renewables made up majority of new U.S. capacity in 2016 - Solar Industry Magazine - Feb 6 - Renewable energy dominated new U.S. electrical generation put into service during...more

Court Rules That Proportionality And Cooperation Are Essential In Resolving E-Discovery Disputes

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the...more

Connecticut Supreme Court: Punitive Damages Are Not Recoverable Under State Employment Discrimination Statute

The Connecticut Supreme Court rang in the new year with a ruling long awaited by employers, settling the lingering question as to whether punitive damages are recoverable for claims under the Connecticut Fair Employment...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Punitive Damages Not Available For State Employment Discrimination Claims

In a decision that will be officially released next week, the Connecticut Supreme Court has, at last, ruled that punitive damages are not an available remedy for state law employment discrimination claims. You may recall...more

Mobile Telecommunications Technologies, LLC v. United Parcel Service, Inc. (N.D. Ga. 2016)

Message Exchange Patent Held Invalid under Section 101 - Mobile Telecommunications Technologies, LLC ("MTel") sued United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of Georgia for...more

Employment Law Navigator – Week in Review: August 2016 #2

Last week, Massachusetts became the first state to prohibit employers from asking about salary history before offering a candidate a position. The law is designed to help close the gender wage gap. Supporters argued that...more

Manufacturing as a Service

CONTEXT, a market research firm, projects that the worldwide 3D printer market (including printers, materials, and ancillary services) will grow to $17.8 billion over the next five years. One reason for the rapid expansion...more

Abstract Ideas Cannot be Permitted to Burden the "Basic Tools of Modern-Day Commercial and Social Interaction"

In a case originally filed in 2012, Judge Amy Totenberg granted Judgment on the Pleadings in favor of United Parcel Service, Inc. (“UPS”), and against Mobile Telecommunications Technologies, LLC (“MTel”), relating to U.S....more

UPS: Word, Acronym or Initialism Trademark?

Life is full of ups and downs. The world of trademarks often tends to mirror life. Yet, for the time being, the USPTO currently recognizes only one brand and mark as living solely on ups...more

The California Court of Appeal Affirms that the Primary Assumption of Risk Doctrine Bars a Delivery Driver’s Negligence Action...

In Moore v. William Jessup University 2015 DJDAR 13751, the California Court of Appeal, Third Appellate District, affirmed the trial court’s granting of summary judgment in a delivery driver’s negligence action against a...more

2015 End-Of-Year Wrap-Up

On November 19, 2015, Benesch’s 3D printing group quarterbacked a well-attended presentation sponsored by the Association for Corporate Growth-Cleveland. In addition to Mark Avsec from Benesch (and Ira Kaplan’s...more

Central States Pension Fund Submits ‘Rescue Plan’ Seeking Approval to Reduce Benefits

On September 25, the Central States Pension Fund (one of the largest multiemployer/union pension funds in the country) submitted to the U.S. Department of Treasury a proposed “rescue plan,” which would allow the fund to...more

UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations

Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more

Hit By a Delivery Truck? Who Do You Sue?

For many Woodland Hills residents, the ease of online shopping has saved them time, money, and the stress of navigating crowded parking lots and busy retail stores. As online shopping becomes more of the norm, the number of...more

3D Printing: Potential Pitfalls For Retailers

3D printing, a seemingly futuristic method of manufacturing objects, is steadily moving into the mainstream as three dimensional printers have relocated from labs to the shelves of retail stores. 3D printing, or additive...more

Court Recognizes Alice Decision Potentially Impacts Case by Allowing Late Motion for Judgment on Pleadings

Mobile Telecommunications Technologies, LLC (“Mobile”), initiated a patent infringement case against United Parcel Service, Inc. (“UPS”), in 2012 on U.S. Patent No. 5,786,748 on a method and apparatus for giving notification...more

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

UPS Deal Continues Trend of Corporate Biofuel Commitments

Last Wednesday UPS agreed to purchase up to 46 million gallons of renewable diesel over the course of the next three years from the energy companies Neste, Renewable Energy Group, and Solazyme. The agreement is the...more

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Confederate Flag License Plate Does Not Create a Hostile Work Environment Based on Race

The recent tragic shooting in Charleston reignited debate nationwide regarding the appropriateness of public displays of the Confederate battle flag. Earlier this year, the Tenth Circuit Court of Appeals determined that a...more

UPS Faces Unlawful Religious Discrimination Charges for Violating Title VII

On July 15, 2015, the Equal Employment Opportunity Commission (“EEOC” or the “Commission”) filed a complaint, EEOC v. United Parcel Service; Civil Action No. 1:15-cv-04141, in the Eastern District of New York against United...more

The ADA Celebrates Its 25th Anniversary – A Look Back at the Development of the Act

Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards addressing discrimination...more

“Hair Today? Gone Tomorrow!”: Employers Face Obstacles When It Comes to Enforcing Look Policies

Your author joined the ranks of the bearded in January after six years of daily shaving for the Air Force, skillfully concealing his newfound hirsuteness (look it up) amid the current popularity in facial hair (see: Special...more

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