Janitors' Lost Pay Nets More Than $1 Million from UPS

Court Awards Back Wages to Janitors for Unlawful Practices

M.S.Medina
Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois approved the final portion of a settlement that had been brought against janitorial contractors who sub-contract for corporations such as U.P.S. a PRN press release said on Monday. More than 500 mostly Latino janitors, who clean offices and other facilities for the well known corporation, along with hotels and other properties in Illinois and Texas won a $1.25 million settlement in the latest of a growing number of lawsuits involving janitorial contractors. They were awarded the money because the employers failed to pay their employees according to federal overtime and minimum wage laws. In many cases the janitors were made to work more than 60 hours a week without receiving overtime pay.

According to the lawsuit filed for the workers with the assistance of the Service Employees International Union or (S.E.I.U.) the janitors were mis-classified as independent contractors. The janitors were also routinely stripped of money from their checks for health insurance that was of little or no value to the workers.

The janitors will receive varying amounts of compensation up to $50,000 from the settlement. The workers were employed by cleaning firms which then contracted with U.P.S. and other major corporations that provide services throughout Chicago, Dallas and San Antonio. Though U.P.S has denied that it employed the janitors as the plaintiffs alleged, it exercised control over the working conditions of the janitors and should be held accountable for the actions of the sub-contractors. UPS. will pay out more than $1.25 million as the result of the litigation.

In 2005, more than 2000 mostly Latino janitors in California, won a class action settlement of more than $22.4 million, one of the largest of its kind, involving the failure of janitorial sub-contractors failing to comply with federal employment laws. This suit was also initiated by the S.E.I.U. and said that workers involved were employed by sub-contractors of the national supermarket chains, Safeway, Vons, Albertsons and Ralphs. The janitors received around $10,000 each in that settlement.

The latest settlement is one of a growing trend of lawsuits over unlawful employment practices known as "wage and hour" laws. The practices involve major corporations and companies using subcontractors to avoid liability for unlawful practices. In some cases workers have been denied even receiving their final paycheck after termination of employment.

With more than 1.9 million members, the S.E.I.U. is the largest and fastest growing union in North America. It is also the largest property service union representing more than 250,000 security officers, janitors and other maintenance and custodial workers.

Sources used in this article are as follows: http://prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/09-17-2007/0004664390&EDATE=

Published by M.S.Medina

M.S.Medina is a free lance writer who lives in Southern California. This is her favorite quote. "Speak the truth with compassion."  View profile

9 Comments

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  • Orchiolum9/22/2007

    Sounds as though this union at least has a spine despite the fact that most corporations continue grind their employees and employee benefits into dust.

  • Alyce Rocco9/19/2007

    My comment on Jacques comment continued: That the government can put a number on the amount of people who bypassed immigration laws to live and work in the USA~some having worked, by their words~15 years~makes me wonder too. One "illegal" said $20.00 bought fake ID in NYC. Janitors in Long Beach are picketing a building for unfair wages and no health benefits.

  • Alyce Rocco9/19/2007

    Interesting comment, Jacques. I recently lost my drivers license and Social Security card and wonder if someone right now is pretending to be me. The Social Security office was a nightmare trying to report it to prevent Identity Theft. Rather than issue me a new number they issued me a new card. (I already had another card; the one I lost was my original from when I was 16!). Replacing my drivers license was almost too easy. It would probably be easy for someone with all my personal info to obtain a copy of my birth certificate.

  • Jacques Boulerice9/18/2007

    This was most interesting. I wonder how many of these Latino workers were here illegally and were therefore represented by proxy? At any rate, they certainly deserved to be paid for the hours they worked, and I'm always glad to see a part of the judicial system actually working.

  • Sophie9/18/2007

    I'm glad to hear the employees were awarded this payout after facing such bad working conditions.
    Sophie

  • Aly Adair9/18/2007

    Wow - good for them!! Thanks for the report.

  • Lenora Murdock9/18/2007

    This is huge.

  • Carol Bengle Gilbert9/18/2007

    Justice prevails!

  • Lori Piper9/18/2007

    great article!!!!!!!!!!!!!!!!!!!!!!!

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