United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

BEN LOPEZ,

Plaintiff,

 v.

UNITED PARCEL SERVICE, INC.,

Defendant. /

No. C 08-5396 SI

SPECIAL VERDICT 

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

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 1 of 10
United States District Court

For the Northern District of California

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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?

$__________________________

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 2 of 10
United States District Court

For the Northern District of California

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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.

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 3 of 10
United States District Court

For the Northern District of California

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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?

$__________________________

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 4 of 10
United States District Court

For the Northern District of California

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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.

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 5 of 10
United States District Court

For the Northern District of California

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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?

$__________________________

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 6 of 10
United States District Court

For the Northern District of California

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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.

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 7 of 10
United States District Court

For the Northern District of California

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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.

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 8 of 10
United States District Court

For the Northern District of California

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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.

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 9 of 10
United States District Court

For the Northern District of California

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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

Case 3:08-cv-05396-SI Document 214 Filed 04/19/10 Page 10 of 10