|FedEx lawsuits challenging the misclassification of delivery drivers as independent contractors
We have filed a number of lawsuits against FedEx Ground and Home Delivery for misclassifying its drivers as independent contractors. We have won a number of cases in Massachusetts declaring workers to be employees though they were classified as independent contractors. We currently represent FedEx drivers in cases pending in Massachusetts, Maine, Montana, and Pennsylvania. These lawsuits are entering a critical stage. For an update on the litigation, see the links below.
In our cases in Massachusetts and Montana, we have moved for summary judgment, seeking rulings from the courts that FedEx misclassified its drivers as independent contractors. If we win these motions, which we expect to be heard in the upcoming months, the issues to be decided will then what amount of damages the drivers involved in these cases will be entitled to receive. Our case in Maine has been certified as a class action, and so all drivers who worked for FedEx from December 2004 to 2010 are included now in the case. A trial is scheduled for early 2013.
In 2005, FedEx misclassification cases around the country were consolidated into a national multi-district litigation (MDL) in Indiana. In 2010, cases from certain states were remanded back to their home states. We represented drivers who had worked in Massachusetts, Connecticut, and Vermont, and those cases were remanded. Cases in approximately 20 states were not remanded and are still tied up in the MDL proceedings. In December 2010, the federal court in Indiana, Judge Robert Miller, issued a ruling granting FedEx’s motion for summary judgment and declaring drivers in those 20 states to be independent contractors. That decision has no effect on the cases we have pending in Massachusetts, Maine, and Montana. Earlier this year, the Seventh Circuit Court of Appeals ruled that it could not determine whether drivers in Kansas are employees or independent contractors under the laws of that state and certified the question to the Kansas Supreme Court. We are now representing drivers who have worked in Pennsylvania and will be seeking a similar ruling to have that case certified to the Pennsylvania Supreme Court or remanded back to Pennsylvania for further proceedings. Seven years is too long for these cases to be tied up in the national MDL proceedings. Unfortunately, the lawyers who are heading the MDL for the plaintiffs are content to allow the cases to sit indefinitely.
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 our paralegal Ericka Boss, firstname.lastname@example.org.
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