Danny Murdock v. United Parcel Service Inc.
Published: May 28, 2011 | Result Date: Apr. 25, 2011 | Filing Date: Jan. 1, 1900 |Case number: JCCP4606 Verdict – Defense
Court
L.A. Superior Central West
Attorneys
Plaintiff
John A. Furutani
(Law Offices of John A. Furutani)
Defendant
Elena R. Baca
(Paul Hastings LLP)
Facts
Danny Murdoch worked at United Parcel Service (UPS) as a supervisor. He filed an action against his former employer, alleging that UPS illegally failed to pay him overtime that he was entitled to, and committed other wage and hour violations.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued that defendant improperly classified him as an exempt employee. Plaintiff claimed that he had not ensured that business procedures were maintained and that defendant threatened to fire him unless he deviated from the plan. Further, plaintiff claimed that he was forced to work long hours without proper meal or rest breaks, and he could not negotiate working conditions or earnings.
DEFENDANT'S CONTENTIONS:
Defendant argued that Murdock was an exempt member of management and properly paid a significant salary for all of his hours worked. Murdock's duties included managing his work group, including recommending terminations and other status changes for his employees, and regularly exercising discretion and independent judgment on matters of significance. Defendant maintained that, based on the duties Murdock performed, he was exempt from overtime requirements.
Result
The jury found in favor of the defense, finding that Murdoch was an exempt employee.
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