Facts

From May 2000 to November 2005, Thomas McGann was employed as a supervisor at United Parcel Service Inc. (UPS). McGann sued UPS for failure to pay overtime wages, failure to provide required breaks, failure to keep and furnish wage statements and time records, conversion, and unfair competition.

The court granted UPS's motion to strike McGann's claim for punitive damages and his claim for penalties related to the alleged failure to keep and provide wage and time reports. The court also granted UPS's motion for judgment on the pleading with regard to the claim of conversion. Finally, the court granted UPS's motion for summary adjudication of all claims except the claim that UPS failed to pay overtime wages.

The case proceeded to trial in spite of McGann's ex parte motion for a continuance predicated on the fact that he was medically unable to attend and testify at trial.

According to defense counsel: The motion was brought the morning the trial was to commence. In lieu of live testimony, the court allowed McGann's counsel to read in its entirety a multiple-page declaration plaintiff filed in opposition to summary judgment and to play McGann's videotaped deposition testimony. UPS presented its case through the testimony of McGann's managers, a witness on vehicle inventories, and a compensation manager.

PLAINTIFF'S CONTENTIONS:
McGann alleged that during his time as a supervisor, UPS improperly categorized him as an employee exempt from overtime wage requirements.

DEFENDANT'S CONTENTIONS:
UPS claimed that, because of McGann's status as a supervisor with the authority to exercise independent decision making, McGann was properly classified as an exempt employee under the executive and administrative exemptions and the Motor Carrier Act.

Damages

At trial, McGann sought overtime compensation, costs, attorney fees, and interest.

Result

The jury found in favor of UPS. UPS moved for and was awarded costs and fees. McGann intends to appeal the denial of the continuance and seek retrial.

Poll

9-3 (executive exemption), 10-2 (administrative exemption), 10-2 (Motor Carrier Act)