Vargas vs FedEx Ground

This case was filed in U.S. District Court for Massachusetts but since consolidated into the FedEx Ground multi-district litigation now before the U.S. District Court for Northern Indiana.  Since August 2005, drivers of non-commercial vehicles - vehicles of gross vehicle weight less than 10,000 lbs - have been eligible for overtime under the federal Fair Labor Standards Act.  Prior to August 2005, drivers of non-commercial vehicles were exempted from the FLSA and also state wage laws and not eligible for state overtime wages. 

The named plaintiffs in this case are from Massachusetts, Michigan, Illinois, Wisconsin, Montana and New Jersey and all drove non-commercial vehicles for FedEx Ground or FedEx Home Delivery.  The claims allege that drivers are misclassified as 'contractors' but controlled like employees and thus are owed overtime wages under the state laws.  Any driver of a non-commercial vehicle that worked as a 'contractor' for FedEx Ground or FedEx Home Delivery after August 2005 is a potential class member for a claim in his or her state.

This case is similar to two other possible class actions: Givens vs. FedEx Ground and Tidd vs. Adecco et al.