Wage Hour

Anfinson v. FedEx Ground Division | Ground | Class Action | Wage Hour | State Litigation | Washington | |

This case was filed in King County (Washington) Superior Court in 2004. The drivers alleged violations of the Washington Minimum Wage Act and sought class action certification. FedEx Ground had the case moved to the multi-district litigation but the U.S. District Court for Norther Indiana remanded the case back to Washington court in 2006. Superior Court Judge Canova certified the claim as a class action in January 2008. Trial is schedule for late 2008.

Tidd vs Adecco et al Division | Ground | Class Action | Federal Litigation | National | Wage Hour

The full case name is Richard Tidd, Kristi Gruhn and all other similarly situated v. Adecco USA Inc., Kelly Services Inc. and FedEx Ground Package System Inc. The case was filed in U.S. District Court for Massachusetts in June 2007. The claims allege that drivers jointly employed by Adecco and FedEx Ground or Kelly and FedEx Ground were routinely not paid full wages and drivers of vehicles under 10,000 lbs were not paid overtime since August 2005. The three companies jointly filed motions in September 2007 to have the complaint dismissed in its entirety; the judge has yet to rule as of September 26, 2007.

Givens vs FedEx Ground Division | Ground | Class Action | Federal Litigation | National | Wage Hour | |

This case was filed in U.S. District Court for Eastern Louisiana in April 2007 and since consolidated into the FedEx Ground multi-district litigation now before U.S. District Court in Northern Indiana. The two named plaintiffs were drivers for FedEx Ground of ‘non-commercial vehicles’ or vehicles of gross weight less than 10,000 lbs. Since 2005, drivers of such vehicles have been covered by the federal Fair Labor Standards Act and eligible for overtime for work beyond the 40 hour work week. The claims allege that the drivers are misclassified as ‘contractors’ and controlled like employees and thus are owed overtime wages under the FLSA.

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.

Tumulty vs FedEx Ground Contractor Dispute | Federal Litigation | Wage Hour | Washington | |

This case was filed in King County (WA) Superior Court in 2003 and removed to U.S. District Court for Western Washington in 2004. The plaintiffs alleged that FedEx Ground, a staffing agency and a multi-route contractor were joint employers under the Fair Labor Standards Act and Washington Minimum Wage Act. In March 2005, the judge issued a summary judgment that FedEx Ground was the joint employer of the plaintiffs. The case was settled in Sept 2005. FedEx immedeiately appealed the summary judgment to the Ninth Circuit; the appeal is pending (USCA 05-36072).

Foster vs FedEx Express Division | Express | Class Action | Wage Hour | State Litigation | Off The Clock | California | |

This case was filed in Los Angeles County Superior Court in 2002. The plaintiffs alleged the FedEx Express routinely underpaid its couriers, handlers and service agents in California in violation of the states wage and hour law. The case was certified as a class action in 2004 and the trial date was set for Spring 2006. In February 2006, FedEx settled the lawsuit for $30 million. Settlement notice letters were sent in May 2006.