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Judge Finds FedEx Drivers to be Independent Contractors and Not Employees--Drivers Pledge to Appeal Employee Misclassification

September 21, 2010

As employment lawyers in Anaheim, California, we have been following the recent wage and hour ruling by a U.S. District Court Judge in Indiana, who found ground drivers for FedEx to be independent contractors, not employees under Kansas law.

FedEx drivers in states across the country have been accusing FedEx of employee misclassification, for classifying them as "independent contractors" and not "employees," and allegedly violating their wage and hour rights. The lawsuit was reportedly brought by drivers working in Kansas, and is part of a larger lawsuit that covers around 30,000 ground drivers in 40 states.

In a California wage and hour ruling from 2007, surrounding the misclassification of FedEx Ground Drivers, a California Court of Appeal reportedly upheld a trial court's decision that found FedEx Ground drivers to be employees, and not independent contractors--a topic that our Anaheim employment attorneys covered in a recent blog. The ground drivers were then entitled to receive around $11 million in damages for about 200 drivers.

U.S. District Court Judge Robert Miller's recent ruling reportedly shocked drivers, as it is in direct conflict with the 2007 California appellate decision. Judge Miller also sent similar cases back to their original courts, in around twelve other states, for more consideration.

In other recent FedEx classification news, last month, a lawsuit was reportedly filed by over 30 current and former FedEx drivers in Boston, who claim that FedEx misclassified them as independent contractors and not employees, and hope to achieve class-action status in the suit. FedEx also had to reportedly pay over $3 million to the Attorney General's office in Massachusetts, who alleged that Fed Ex failed to properly classify their drivers, which led the shipping company to make smaller payments to the state in payroll taxes, unemployment assistance, and workers' compensation.

In Los Angeles County, Orange County and throughout Southern California, contact our Carson labor and employment attorneys today, for a free consultation about your employment rights.

Judge Rules in Favor of FedEx on Driver Status in Kansas, Trucking Info, August 24, 2010

FedEx Ground Wins Latest Court Challenge, Transport Topic News, August 30, 2010

FedEx Ground Drivers Will Appeal Adverse Decision Finding Kansas Drivers to be Independent Contractors, and not Employees; MDL Court Also Sends All Non-Class Cases Back to Their Home Courts, Stand Your Ground: The Official Website of the FedEx Ground/Home Delivery Drivers Nationwide Class Action Lawsuit

Related Web Resources:

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)

California Department of Industrial Relations (DIR): The Division of Labor Standards Enforcement