Postal Workers Lawsuit On Labor Violations Covers 5 States
From PostalReporter.com
“This collective class action was filed under the Federal Fair Labor Standards Act and seeks damages on behalf of class members who (1) have had overtime disallowed; (2) have had time changed by a supervisor; (3) have worked through lunch to complete their route; (4) have worked “off the clock” and/or (5) have worked overtime and not been paid. If you are a City Postal Carrier in Texas, Louisiana, Arkansas, Oklahoma or New Mexico, contact us today to join the lawsuit. You may be entitled to compensation, however, the law requires that you join this lawsuit in order to be entitled to a monetary recovery, if any.”
Please call us toll-free today at (800) 460-2756 or visit www.USPSLawsuit.com to join online.
According to the suit filed June 10, 2009
The Collective Class (“Class Members”) is made up of all persons who are or have been employed as City Postal Carriers by the USPS as non-exempt employees in the Southwest Area of Texas, New Mexico, Louisiana, Arkansas and Oklahoma at any time during the Class Period that commences as of three years prior to the filing date of this Complaint and continues until the final disposition of this case.
During the relevant Class Period, the USPS failed or refused to pay overtime compensation to the Plaintiffs and the Class Members as required by federal law in addition to not compensating the Plaintiffs and the Class Members for “off the clock” labor, requiring the Plaintiffs and the Class Members to work through lunch to complete their routes and improperly altering the time records of the Plaintiffs and the Class Members to deprive them of full compensation. Plaintiffs seek relief individually and for the Class Members pursuant to the applicable provisions of federal law, to remedy the Defendant’s failure to pay all wages due and pay appropriate overtime compensation.
Plaintiffs and similarly situated Class Members are employed, or have been employed, with USPS in the past three years at City Postal Carriers. The Plaintiffs and similarly situated Class Members work as City Postal Carriers in the USPS throughout the Southwest Area of Texas, New Mexico, Louisiana, Arkansas and Oklahoma Each of the Plaintiffs and similarly situated Class Members are paid hourly.
In an effort to save overtime costs, the officers and executives of the USPS have determined to give the Plaintiffs and the Class Members overburdened routes (i.e., routes that require more than eight (8) hours to deliver) but require the Plaintiffs and the Class Members to deliver the mail in eight (8) hours or less.
After casing a particular day’s mail volume and prior to leaving the post office to begin delivery, the Plaintiffs and Class Members inform the USPS (by and through their supervisors) on a daily basis if it will take more than eight (8) hours to complete their routes. The Plaintiffs and Class Members are able to determine whether it will take longer than eight hours to case the day’s mail, deliver the mail and return to the post office based on their knowledge and experience and the mail volume on the particular day. Plaintiffs and Class Members have been routinely denied overtime (or disallowed overtime) even when it is clear that more than an eight hour shift will be required to complete their tasks and deliver the mail. Because many Plaintiffs and Class Members are denied overtime before they begin actual delivery of the mail, Plaintiffs and Class Members regularly work through their lunches, or take abbreviated lunch breaks, in order to deliver mail as quickly as possible on overburdened routes.
Many days, however, even if the Plaintiffs and Class Members work through their lunches, their routes take longer than eight hours to complete and overtime is incurred. Upon returning to the post office after spending more than eight hours casing their mail and delivering it to their customers, the Plaintiffs and Class Members are still denied overtime compensation. Defendant, through policy implemented from within the USPS headquarters and that filters down to Regional Vice Presidents and local station managers, routinely and knowingly refuse to compensate the Plaintiffs and Class Members for time in excess of eight hours in a given day. Defendant, acting by and through its various managers, routinely alters time records to deprive the Plaintiffs and Class Members of earned compensation and overtime, requires Plaintiffs and Class Members to complete beginning or end of day tasks “off the clock” and disallows overtime requests.
The USPS has created an environment, specifically in the Southwest Area, wherein Plaintiffs and Class Members are working during their lunch hours (not relieved of all duties) in order to deliver their route in the time demanded so as to avoid harassment or potential discipline. Moreover, Plaintiffs and Class Members also work “off the clock” before and after their work shift in order to deliver the route that they have been assigned in the time demanded by the USPS. Class Members who have not been able to deliver the route in eight (8) hours or less have faced discipline, including emergency suspension and proposed termination.
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postmaster on
Thu, 11th Jun 2009 4:14 pm
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oh boy on
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SocialismSucks! on
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carrieratlarge on
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How are the carriers going to prove that they worked through lunch and breaks? PS Form 3996 are used as a control form and if overtime is needed to accomplish delivery, than it is needed. Just submitting the form because you want overtime because you have exceeded your standard of living is unacceptable. You know how many carriers that I have walked with that requested overtime and found out later that there”estimate” was not needed? Alot!!!!! All you get from the carrier is ” oh, the mail was light”! What a joke!!!!
If your lazy and want to dog it you should get fired..for get the paltry letter of warning…etc..just fire your lazy ass.
I am rush limpauh so I know I am right you stupid union workers.
Sue sue sue, maybe get something for nothing…more like nothing…You are an idiot. Better chances on winning lottery.
I beg to differ. YOU are an idiot.
Keep suing our employer – this will keeps us in business and create jobs. Liberal logic at its finest.
THE POSTAL SERVICE WAS SUED IN 1975 FOR THE SAME COMPLAINTS. USPS PAID OVER 6 MILLION DOLLARS TO ALL CARRIERS INVOLVED. IT STARTED WHEN A SUPERVISOR IN CALIFORNIA ERASED THE OVERTIME FROM A CARRIER’S TIME CARD. GOOD LUCK. I AM PRES.EMERITUS NALC
It is not 1975…Maybe they will give the case lights to you too when they close your office. I am Pres. GoingbrokePO NALC
Hey Jack Ass get used to this phrase, “Welcome to Wal-Mart”. You might need it in your next career. Maybe you and Jim can file suit against them in a few years.
HQ is going to close a couple thousand PO by the end of the year and possible go to 5 day delivery. All should see where this is going.
Hey oh boy, if it weren’t for the union, what would you have? You’ve gotten better pay, COLA, uniform allowances, union representation, etc. You’ve gotten a free ride for being non-union.
What a way to talk about the blue shirt. You must be a management suck up.
Why do us employees have to go to websites, listen to rumors,etc and get no communication from both management and unions as to what is going on. I find this reckless.
Watch the video management doesn’t want you to see. http://www.youtube.com/watch?v=l47Xxq3GGt4
Upper management salaries are revealed. It begs the question: When will the fat be trimmed at the top?