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Court rules against FedEx in drivers' labor case

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A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals on Wednesday covered drivers who worked for FedEx between 2000 and 2007. Similar lawsuits were filed in about 40 states before 2009. The cases were consolidated for multidistrict litigation proceedings in the District Court for the Northern District of Indiana.

A lawyer for the drivers estimated that they could receive at least $250 million in back pay and damages if the ruling stands up.

The judges said that under California law, the drivers were employees because FedEx controlled how they did their work. They had to wear company uniforms, drive approved trucks, and follow other company procedures.

FedEx said it will appeal to the full appeals court in San Francisco. FedEx general counsel Cary Blancett said that other courts had upheld contract language with "thousands" of independent contractors.

The Memphis, Tennessee-based company said that since 2011, it has only contracted with incorporated businesses that treat drivers as their employees. It also said it will shift to new service agreements in California, Oregon, Washington and Nevada.

In their lawsuit, the drivers sought back pay for overtime, expenses, punitive damages and attorney costs. That would total more than $75,000 for each of the drivers in the original lawsuit, according to filings.

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  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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