Judge sides with FedEx in Kansas case

Discussion in 'The Layover Tavern' started by Mike, Aug 25, 2010.

  1. Mike

    Mike Well-Known Member Staff Member

    Currently, there are 63 cases involving more than 27,000 former and current FedEx Ground drivers who say they are misclassified and are really employees, not independent contractors.

    U.S. District Court Judge Robert Miller in Indiana, who is presiding over the multi-district litigation, recently sided with FedEx in a Kansas case involving more than 100 drivers. The drivers filed suit citing that they were underpaid and that FedEx controls their businesses, which would make them employees under the Kansas Wage Payment Act.

    Judge Miller said that FedEx has an operating agreement, which drivers sign to be independent contractors, when working for the company. The judge said that although FedEx does offer “suggestions and best practices for performance of assigned tasks,” FedEx hasn’t “retained the right to control the details of the contractors’ work methods on a class-wide basis.”

    One of the three lead attorneys in the multi-district FedEx litigation is Lynn Rossman Farris of Leonard Carder LLP, who won a $27 million judgment on behalf of 200 FedEx Ground drivers who were found to be employees, not independent contractors, in California.

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