UPS Loses Bid to Throw Out Worker’s State-Law Overtime Dispute

May 11, 2023, 4:23 PM UTC

A United Parcel Service Inc. worker can advance his lawsuit alleging the company failed to pay proper wages under Pennsylvania law, because federal labor law doesn’t preempt the claims.

Warehouse worker Michael Malone’s wage claims against the shipping firm neither arise under nor require interpretation of a collective bargaining agreement, so the Labor Management Relations Act doesn’t preempt them, the US District Court for the Eastern District of Pennsylvania said. Moreover, the suit meets jurisdictional requirements, the court said, rejecting UPS’s dismissal motion.

The worker accuses UPS of failing to pay regular and overtime wages for time spent going through ...

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