FEDEX DRIVERS LAWSUIT

Case Update: In a game-changing positive turn, on June 1, 2010, Judge Miller ruled that the three Illinois FXG drivers were employees, and not independent contractors, under the Illinois Wage Act.    While this ruling doesn’t mean the lawsuit is over, it is a significant step towards proving that FedEx’s misclassification scheme resulted in both reduced wages and improper wage deductions for its FXG drivers. View the Order.

Background:

FedEx Ground and Home Delivery drivers across the country have filed class action complaints asserting FedEx led them to believe that they would be truly independent workers -- not subject to the direction and control of the company. This is not the case. Drivers are required to follow all the rules of FedEx and are treated in virtually every respect as employees -- except they don't get any of the benefits like holiday pay, workers compensation and retirement and discounted stock. In addition, they must pay for everything from gas to trucks to uniforms. The drivers assert that FedEx actually retains control of them through the Operating Agreement and its addenda, so FedEx's classification of them as independent contractors is illegal.

Drivers have filed suits based on the laws of the states where they work. In addition, drivers in Kansas have brought a claim under the Employee Retirment Income Security Act (ERISA) on behalf of all drivers nationwide, and drivers in California have brought a nationwide claim under the Family and Medical Leave Act (FMLA). The actions have been consolidated for pre-trial proceedings in the Northern District of Indiana. For more information about the lawsuits, including links to the recent court order granting class certification to the ERISA claim, click here.

Additional information on the lawsuit:

• 10.15.07: Federal Court Grants Class Certification in FedEx Ground/Home Delivery Case
• 10.5.07: Jobs Report Misses Growing Number of Contractors, cnbc.com
• 3.13.07: Federal Judge is asked to certify nationwide and statewide class actions in suit challenging driver misclassification at FedEx Ground & FedEx Home Delivery
• View the MDL FedEx Drivers Lawsuit Website

Zimmerman Reed represents drivers in numerous states, and is investigating other industries where people are misclassified as independent contractors. If you believe that you are being misclassified as an independent contractor and wish to speak to a lawyer, at no cost to you, please contact attorney J. Gordon Rudd at 800-755-0098 or click here to submit your question or information.