Continuing a case that has spanned the country, lawyers for approximately 25,000 FedEx Ground/Home Delivery workers who are challenging their classification as independent contractors have filed for summary judgment in federal district court in South Bend.
The attorneys sent more than 10,000 pages of supporting documents to back their claims that FedEx drivers are employees, not independent contractors. FedEx recently lost Round 1 of the case in California, where a court found that the workers are indeed employees.
Plaintiffs’ attorney Lynn Rossman Faris said FedEx cannot now re-litigate the case in South Bend. “FedEx controls what the drivers drive, what they wear, how they deliver packages, how they act with customers, how much work they perform in a day and when and where they perform it,” she said.
Resource: Differentiating between employees and independent contractors is complex. For complete information on how to do it, see the HR Specialist white paper Independent Contractor or Employee? How to Make the Call.
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