FedEx Withdraws HOS Exemption Application - August 24, 2006

FedEx withdrew its HOS exemption application as of 8/16/06.  DoT posted FedEx's letter on 8/23/06.  Drivers should continue to submit comments on HOS violations to the docket (Remember: Docket No 24231).  We will keep updating our Resource page as needed.

According to Traffic World in its Aug. 21 edition (sorry, not available online):

FedEx's request had drawn criticism from some drivers and from the International Brotherhood of Teamsters, which is fighting the company on the indepedent contractor question.  "The best reason to give you (for withdrawing the request) is that our business continues to evolve and we are assessing internally whether this is needed internally," FedEx Ground spokesman David Westrick said.

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The company has fought legal challenges in places including California, Indiana and Massachusetts that seek to classify FedEx Ground drivers as FedEx employees rather than independent contractors.  According to a group of lawyers representing labor in these cases, 31 such suits are pending against FedEx Ground or FedEx Home Delivery in 24 states.

That last sentence in the Traffic World quote contains an error: the lawyers involved in the FedEx MDL are representing former and present FedEx Ground and HD drivers.  "Labor" is not a plaintiff in those cases.

That raises the most important lesson to all this.  FedEx internally can say anything internally they want internally why they internally yanked this HOS exemption application.  But go to the DoT docket and read the comments (Remember: Docket No 24231) from individual Ground or HD drivers.  FedEx drivers pointed to the realities of their jobs and exposed the "inaccuracies" of the application's depiction of their jobs.  Just like drivers are fighting for their rights in the MDL.  Now the HOS genie is out of the bottle.  And it is up to all of us to press the DoT to get to the bottom of the driver safety issues at FedEx Ground.