New Jersey

Vargas vs FedEx Ground Division | Ground | Class Action | Wage Hour | State Litigation | Illinois | Massachusetts | Michigan | Minnesota | Montana | New Jersey | |

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 state wage laws and not eligible for state overtime wages. The claims allege that drivers are misclassified as ‘contractors’ but controlled like employees and thus are owed overtime wages under the state laws.

Tofaute vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | New Jersey | |

This case was filed in U.S. District Court for New Jersey in 2005. This case is a member case of the FedEx Ground/Home Multi-District Litigation case.

Lucey et al Vs FedEx Ground Arbitration Clause | Federal Litigation | New Jersey | |

This case originated in Superior Court for New Jersey Burlington County in 2006. FedEx was granted a removal order to U.S. District Court for New Jersey but was not granted a motion to move it into the multi-district litigation proceedings. FedEx moved to compel arbitration and the plaintiffs opposed by claiming the arbitration clause of the FedEx Ground “Operating Agreement” was unconscionable. In October 2007, the Judge ruled that the arbitration clause was both procedurally and substantially unconscionable.

Teamsters Local 177 and FedEx Ground Division | Ground | Anti-union | NLRB | Teamsters | Unionization | New Jersey | |

This case stems from a petition for election before the National Labor Relations Board filed by Teamsters Local 177 at a FedEx Ground facility in Fairfield, NJ in 2004. The NLRB Region 22 ruled in Nov 2004 that the drivers were employees and not “contractors” as claimed by FedEx Ground.

FXGHD Drivers Association and FedEx Ground Division | Ground | Anti-union | Contractor Dispute | NLRB | Unionization | New Jersey | |

This case stems from a filing for election before the National Labor Relations Board by the FXGHD Drivers Association in Barrington, NJ in 2005. The NLRB Region 4 ruled that the drivers were employees and not “contractors” as claimed by FedEx Ground. The election results are still pending.

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