New England Biz Law Update
New York Attorney General Letitia James has filed a lawsuit accusing UPS of failing to pay thousands of delivery drivers and helpers for all compensable work during peak holiday periods.
The complaint alleges that workers were not paid for time spent traveling between job assignments, performing required off-the-clock tasks, or waiting for work to begin, in violation of state wage-and-hour laws.
According to the lawsuit, the alleged practices affected seasonal workers hired during high-volume periods, when routes, schedules, and assignments frequently changed throughout the day.
The state contends that UPS’s pay practices failed to account for time that should have been treated as hours worked under New York law, including mandatory pre-shift and inter-shift activities.
UPS has denied wrongdoing, stating that it pays employees in accordance with applicable laws and collective bargaining agreements.
The litigation highlights the increased scrutiny state enforcement agencies are placing on large employers’ timekeeping and pay practices, particularly during seasonal hiring surges.
For employers, the case underscores that wage-and-hour risk often increases during periods of rapid onboarding, fluctuating schedules, and decentralized supervision.
Seasonal operations, multi-stop assignments, and travel between work locations are common sources of compliance exposure, especially when timekeeping systems do not fully capture all required work time.
With state attorneys general continuing to pursue high-profile wage theft cases, employers may want to review how compensable time is defined and tracked for seasonal and hourly workers, including travel time, waiting time, and pre- and post-shift duties.
