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Top Verdicts of 2011: Marlo v. United Parcel Service and Related Cases
February 15, 2012
By Elena R. Baca
The challenge for Elena Baca was to find an efficient way to defend a far-flung batch of wage and hour disputes.
Some history: in 2003, a UPS full-time supervisor sued UPS, alleging that he was misclassified as exempt and therefore denied overtime and payments for missed meal and rest breaks.
He claimed to represent a class of about 1,300 full-time supervisors and sought back pay and penalities, a potential liability in the eight-to-nine figure range.
Paul Hastings convinced the federal court judge to decertify the class, an action that the 9th U.S. Circuit Court of Appeals later affirmed.
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