This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Compensations, Benefits
Wage and Hour

Larry Plancich v. United Parcel Service Inc.

Published: Nov. 28, 2009 | Result Date: Aug. 18, 2009 | Filing Date: Jan. 1, 1900 |

Case number: CIVRS807326 Verdict –  Defense

Court

San Bernardino Superior


Attorneys

Plaintiff

John A. Furutani
(Law Offices of John A. Furutani)

Mark C. Peters


Defendant

Caroline Lee Elkin

Elena R. Baca
(Paul Hastings LLP)


Experts

Plaintiff

Phillip H. Allman III, Ph.D.
(technical)

Defendant

Bruce A. Strombom
(technical)

Facts

Larry Plancich worked as a full-time supervisor at United Parcel Service Inc. (UPS). He sued UPS for California Labor Code violations.

Contentions

PLAINTIFF'S CONTENTIONS:
Plancich asserted that UPS, from May 6, 1999, failed to pay him overtime due to misclassification as an exempt employee and failed to provide appropriate meal and rest periods. Plaintiff claimed that UPS policies prohibited him from using discretion, and that therefore plaintiff should have been classified as non-exempt.

DEFENDANT'S CONTENTIONS:
The defense contended that Plancich was properly classified as exempt because he was a supervisor who used his discretion and independent judgment, and who satisfied the other elements of overtime exemptions.

Damages

The plaintiff sought $450,000.

Result

The jury found in favor of UPS.

Deliberation

two hours

Poll

10-2

Length

10 days


#98854

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390