Lopez v. United Parcel Services, Inc.

Filing 214

SPECIAL VERDICT FORM (DRAFT) (SI, COURT STAFF) (Filed on 4/19/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEN LOPEZ, v. Plaintiff, No. C 08-5396 SI SPECIAL VERDICT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED PARCEL SERVICE, INC., Defendant. /

We, the jury in the above entitled case, find the following on the questions put to us:

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SECTION I ­ HUB SUPERVISOR Plaintiff was a Hub Supervisor with UPS on the following dates: March 5, 2001 through May 12, 2004 January 1, 2006 through July 31, 2006 October 23, 2006 through January 31, 2008 Question 1: Did UPS prove, in accordance with the instructions provided to you and by a

preponderance of the evidence, that in performing his job as Hub Supervisor, plaintiff Ben Lopez was an exempt employee under either the executive exemption or the administrative exemption? YES _____ NO _____

If your answer to Question 1 was "Yes," do not answer the next questions; instead, skip down to Question 8. If your answer to Question 1 was "No," please answer the next question.

Question 2: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that he worked overtime hours during the time he performed his job as Hub Supervisor? YES _____ NO _____

If your answer to Question 2 was "No," do not answer the next question; instead, skip down to Question 4. If your answer to Question 2 was "Yes," please answer the next question.

Question 3: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for unpaid overtime for the days he worked as Hub Supervisor?

$__________________________

2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Question 4: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to provide him meal breaks during the time he performed his job as Hub Supervisor? YES _____ NO _____

If your answer to Question 4 was "No," do not answer the next question; instead, skip down to Question 6. If your answer to Question 4 was "Yes," please answer the next questions.

Question 5: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the meal breaks UPS failed to provide during the time he worked as Hub Supervisor?

$__________________________

Question 6: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to authorize and permit him rest breaks during the time he performed his job as Hub Supervisor? YES _____ NO _____

If your answer to Question 6 was "No," do not answer the next question; instead, skip down to Question 8. If your answer to Question 6 was "Yes," please answer the next question.

Question 7: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the rest breaks UPS failed to authorize and permit during the time he worked as Hub Supervisor?

$__________________________

Please answer the next question. 3

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SECTION II ­ PRELOAD SUPERVISOR Plaintiff was a Preload Supervisor with UPS on the following dates: August 1, 2006 through October 22, 2006

Question 8:

Did UPS prove, in accordance with the instructions provided to you and by a

preponderance of the evidence, that in performing his job as Preload Supervisor, plaintiff Ben Lopez was an exempt employee under either the executive exemption or the administrative exemption? YES _____ NO _____

If your answer to Question 8 was "Yes," do not answer the next questions; instead, skip down to Question 15. If your answer to Question 8 was "No," please answer the next question.

Question 9: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that he worked overtime hours during the time he performed his job as Preload Supervisor? YES _____ NO _____

If your answer to Question 9 was "No," do not answer the next question; instead, skip down to Question 11. If your answer to Question 9 was "Yes," please answer the next questions.

Question 10: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for unpaid overtime for the days he worked as Preload Supervisor?

$__________________________

4

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Question 11: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to provide him meal breaks during the time he performed his job as Preload Supervisor? YES _____ NO _____

If your answer to Question 11 was "No," do not answer the next question; instead, skip down to Question 13. If your answer to Question 11 was "Yes," please answer the next questions.

Question 12: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the meal breaks UPS failed to provide during the time he worked as Preload Supervisor? $__________________________

Question 13: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to authorize and permit him rest breaks during the time he performed his job as Preload Supervisor? YES _____ NO _____

If your answer to Question 13 was "No," do not answer the next question; instead, skip down to Question 15. If your answer to Question 13 was "Yes," please answer the next question.

Question 14: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the rest breaks UPS failed to authorize and permit during the time he worked as Preload Supervisor?

$__________________________

Please answer the next question. 5

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SECTION III ­ TRAINING AND RETENTION SUPERVISOR Plaintiff was a Training and Retention Supervisor with UPS on the following dates: February 1, 2008 through June 1, 2008

Question 15: Did UPS prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that in performing his job as Training and Retention Supervisor, plaintiff Ben Lopez was an exempt employee under either the executive exemption or the administrative exemption? YES _____ NO _____

If your answer to Question 15 was "Yes," do not answer the next questions; instead, skip down to Question 22. If your answer to Question 15 was "No," please answer the next question.

Question 16: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that he worked overtime hours during the time he performed his job as Training and Retention Supervisor? YES _____ NO _____

If your answer to Question 16 was "No," do not answer the next question; instead, skip down to Question 18. If your answer to Question 16 was "Yes," please answer the next questions.

Question 17: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for unpaid overtime for the days he worked as Training and Retention Supervisor?

$__________________________

6

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Question 18: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to provide him meal breaks during the time he performed his job as Training and Retention Supervisor? YES _____ NO _____

If your answer to Question 18 was "No," do not answer the next question; instead, skip down to Question 20. If your answer to Question 18 was "Yes," please answer the next questions.

Question 19: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the meal breaks UPS failed to provide during the time he worked as Training and Retention Supervisor?

$__________________________

Question 20: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to authorize and permit him rest breaks during the time he performed his job as Training and Retention Supervisor? YES _____ NO _____

If your answer to Question 20 was "No," do not answer the next question; instead, skip down to Question 22. If your answer to Question 20 was "Yes," please answer the next questions.

Question 21: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the rest breaks UPS failed to authorize and permit during the time he worked as Training and Retention Supervisor?

$__________________________ Please answer the next question. 7

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SECTION IV ­ ON ROAD SUPERVISOR Plaintiff was an On Road Supervisor with UPS on the following dates: May 13, 2004 through October 8, 2004 August 1, 2005 through December 31, 2005 June 2, 2008 through June 24, 2008 Question 22: Did UPS prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that in performing his job as On Road Supervisor, plaintiff Ben Lopez was an exempt employee under either the executive exemption or the administrative exemption? YES _____ NO _____

If your answer to Question 22 was "Yes," do not answer the next questions; instead, go to the end of the verdict form, and date and sign it. If your answer to Question 22 was "No," please answer the next question. Question 23: Did UPS prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that in performing his job as On Road Supervisor, plaintiff Ben Lopez was an exempt employee under the Motor Carrier Act exemption? YES _____ NO _____

If your answer to Question 23 was "Yes," do not answer the next questions; instead, skip down to Question 26. If your answer to Question 23 was "No," please answer the next question.

Question 24: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that he worked overtime hours during the time he performed his job as On Road Supervisor? YES _____ NO _____

If your answer to Question 24 was "No," do not answer the next question; instead, skip down to Question 26. If your answer to Question 24 was "Yes," please answer the next questions.

8

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Question 25: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for unpaid overtime for the days he worked as On Road Supervisor?

$__________________________

Question 26: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to provide him meal breaks during the time he performed his job as On Road Supervisor? YES _____ NO _____

If your answer to Question 26 was "No," do not answer the next question; instead, skip down to Question 28. If your answer to Question 26 was "Yes," please answer the next questions.

Question 27: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the meal breaks UPS failed to provide during the time he worked as On Road Supervisor? $__________________________

Question 28: Did plaintiff Ben Lopez prove, in accordance with the instructions provided to you and by a preponderance of the evidence, that UPS failed to authorize and permit him rest breaks during the time he performed his job as On Road Supervisor? YES _____ NO _____

If your answer to Question 28 was "No," do not answer the next question; instead, go to the end of the verdict form, and date and sign it. If your answer to Question 28 was "Yes," please answer the next question.

9

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Question 29: What amount of money, including interest, did plaintiff Ben Lopez prove, by a preponderance of the evidence, is owed to him for the rest breaks UPS failed to authorize and permit during the time he worked as On Road Supervisor?

$__________________________

Dated: _____________________________ FOREPERSON

10