We have filed a number of lawsuits against FedEx Ground and Home Delivery for misclassifying its drivers as independent contractors.  These lawsuits are entering a critical stage.  For an update on the litigation, see the links below. 

We want to hear from FedEx drivers about your experiences with FedEx, and keep in touch about the progress of the cases.  If you have any questions, please contact Scott Simpson, ssimpson@llrlaw.com.

On December 14, 2010, the federal court in Indiana, Judge Robert Miller, issued a ruling granting FedEx’s motion for summary judgment and declaring drivers in many states around the country to be independent contractors.  The lead plaintiffs’ counsel in the consolidated national litigation plan to appeal this decision.  However, this decision has no effect on the cases we have filed in Massachusetts, Connecticut, and Vermont.  These cases have been sent back to their home courts for further proceedings.  In addition, we are now filing a new case on behalf of FedEx drivers in Maine, seeking overtime and other damages due to their misclassification as independent contractors.   

In issuing the December 2010 decision in favor of FedEx, Judge Miller analyzed the so-called “right of control” test, which he found applies in many states around the country.  However, Massachusetts, Connecticut, and Vermont have a different test for determining independent contractor status, the so-called “ABC test”, under which the alleged employer must prove all three prongs of a stringent three-part test.  (We have won a number of cases in Massachusetts under this test, declaring workers to be employees though they were classified as independent contractors.) 

Please note that these cases in Massachusetts, Connecticut, and Vermont were not certified as class actions by Judge Miller and so, in order to participate in the litigation and recover a portion of any judgment or settlement we may obtain, you must sign on individually to join the cases.  Please contact our paralegal Scott Simpson at (617) 994-5800, or ssimpson@llrlaw.com, for information on joining the cases, or return this form to our office and we will send you the necessary paperwork. 

On July 15, 2010, FedEx announced that it reached a $3 million settlement with the Massachusetts Attorney General’s Office to settle claims that FedEx’s misclassification of drivers cost the Commonwealth revenues from payroll taxes, worker’s compensation, and unemployment assistance.  This settlement does not affect the private claims we have brought for FedEx drivers, which are still being actively litigated. 

Maine FedEx drivers sue over employment status
Bangor Daily News | December, 2010

Suit claims FedEx is retaliating against Mass. Drivers
Law 360 | August, 2010

FedEx deal pays state, drivers
Worcester Telegram | July, 2010

Mass. reaches $3M settlement with FedEx Ground
Associated Press | July, 2010

Terminated FedEx driver featured in New York Times
(Sunday, April 20, 2008)
Read Steven Greenhouse’s profile of our client, Jean Capobianco, excerpted from his new book “The Big Squeeze: Tough Times for the American Worker"

‘Independent contractor’ litigation heats up
Lawyers USA | April, 2008

Massachusetts Attorney General issues citations against FedEx, finds drivers to be employees

FedEx Cited For Misclassifying Mass. Drivers

California Supreme Court lets stand decision that FedEx drivers are employees

Multi-district litigation court in Indiana certifies national ERISA class and Kansas state law class action

Drivers sue FedEx, Adecco, and Kelly Services for failure to pay for overtime and all hours worked and failure to pay for training time
If you were paid through Adecco or Kelly Services as a FedEx temporary driver, or if you were not paid for your FedEx training, you may be eligible to join this lawsuit - please contact us right away for more information.

FedEx Ground battles to keep using contractors
Reuters | July, 2007

Arab-American drivers accuse FedEx bosses of discrimination
Boston Globe | July, 2007

Drivers win right to pursue discrimination case against FedEx
Associated Press | March, 2007

Teamsters Hope to Lure FedEx Drivers
New York Times | May, 2006

FedEx delivery drivers file suit
Boston Globe | May, 2005

Other rulings that FedEx drivers are employees