 |
FedEx Ground
Drivers' Class Action
 | Three former
drivers for RPS filed a class action against RPS for wage and hour violations
on May 2, 1999. The class action lawsuit was filed on behalf of all current
and former RPS drivers who worked at any time during the period May
2, 1995 through the present. RPS classified its drivers
as independent contractors and not as employees. RPS drivers
were told they must pay
all of the expenses of the business including buying or leasing a
vehicle, maintaining and repairing that vehicle, paying for fuel,
renting or purchasing uniforms and related clothing, and all other
costs.
|
| Federal Express acquired RPS in 1999 and changed
the name of the business to FedEx Ground. FedEx Ground continues
to treat its drivers as independent contractors. The lawsuit alleges that
FedEx Ground drivers are not independent contractors but are employees and that they are entitled to
damages from FedEx Ground for, among other things, the amounts they paid in
expenses.
|
| In the performance of their job duties, FedEx
Ground drivers
are required to wear only clothing that has been approved by FedEx
Ground and
that bears FedEx Ground's colors and logos, are required to drive vehicles
conforming to FedEx Ground's requirements and bearing FedEx Ground's colors and logos, are
required to follow FedEx Ground's rules, regulations, policies and procedures, are
required to adhere to FedEx Ground's standards, are required to complete
FedEx Ground's
forms, and are required to pick up from and deliver packages to FedEx
Ground's
customers.
|
| Independent contractor status is determined by law
and not by the desire or agreement of the parties. There are many
factors for determining whether an individual can be lawfully
characterized as an independent contractor rather than an employee.
|
|
The case went to trial in April 2004. At trial,
over 35 drivers, FedEx executives, and expert witnesses testified.
Thousands of documents were admitted into evidence. The trial was
bifurcated which means that the Court ordered that the issue of whether
the drivers are employees or independent contractors be determined first
before any damages evidence would be permitted. The trial was over
10 weeks long. On July 26, 2004, the Court ruled that the FedEx
Ground drivers are employees and not independent contractors.
Click here to read the Court's ruling.
|
|
A referee was appointed to hear damages evidence and
issue a report to the Court. That process is currently proceeding
and we are uncertain about the date that the referee will be able to
make his report to the Court. |
|
If you have questions and would like further
information regarding independent contractor
law, employee rights, or any other labor issue, you may contact us and ask to
speak with Jules Sandford or Lorraine grindstaff. You may also
contact our co-counsel, Lynn Faris at
lfaris@leonardcarder.com
or Beth Ross at
bross@leonardcarder.com
or at:
 |
Leonard, Carder
Suite 1450, 1330 Broadway
Oakland, California 94612
(510) 272-0169 (Voice)
(510) 272-0174 (Fax)
|
|
|
