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)
Defendant
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390