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Contractor Dispute

FedEx Ground vs California Employment Development Dept. Division | Ground | Contractor Dispute | State Litigation | California | |

This case stems from the California Employment Development Dept. audit of FedEx Ground in 2004 where the EDD determined that FedEx Ground drivers were employees.  The EDD assessed FedEx Ground owed more than $7.88 million in back payments to California.  As of November 2006, California Unemployment Insurance Appeals Board denied FedEx Ground’s petition for reassessment; the EDD audit determination that single route drivers are employees stands and FedEx Ground has 30 days to appeal.

Lester vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Michigan | |

This case was filed in U.S. District Court for Eastern Michigan in 2004.  This case is a member case of the FedEx Ground/Home Multi-District Litigation case.

Slayman vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | |

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

Willis vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Pennsylvania | |

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

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.

Arthur Smith vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Tennessee | |

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

Lee vs FedEx Corp Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Minnesota | |

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

Riewe vs FedEx Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Indiana | |

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

Louzau vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | New York | |

This case was filed in U.S. District Court for Southern New York in 2004.  This case is a member case of the FedEx Ground/Home Multi-District Litigation case.

Gennel vs FedEx Division | Ground | Class Action | Contractor Dispute | Federal Litigation | New Hampshire | |

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

Fleming vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Kansas | |

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

Cooke vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | South Carolina | |

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

Carlson vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Florida | |

This case was filed in U.S. District Court for Middle Florida (Tampa) in 2005.  This case is a member case of the FedEx Ground/Home Multi-District Litigation case.

Bunger vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | South Dakota | |

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

Bertram vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Kentucky | |

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

Curtis Johnson vs FedEx Home Delivery Division | Ground | Class Action | Contractor Dispute | Federal Litigation | New York | |

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

Griffin vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Illinois | |

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

Tierney vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Rhode Island | |

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

Humphreys v FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Texas | |

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

Alexander vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | California | |

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

Estrada vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | State Litigation | California | |

This case was filed in Los Angeles County Superior Court in 1999 under the case name Estrada vs Roadway Package System.  This California class action lawsuit is the landmark victory for FedEx Ground and Home Drivers.  The judge ordered in 2004 that single vehicle contractors at FedEx Ground/Home were employees and FedEx Ground/Home was liable for many of the drivers expenses.  FedEx appealed this decision.  In August 2007, the CA Appeals Court affirmed the decision that drivers are employees.

FedEx Ground/Home Multi-District Litigation Division | Ground | Class Action | Contractor Dispute | Federal Litigation | National | |

This is the consolidated case of the group of lawsuits alleging wrongful classification at FedEx Ground and Home Delivery.  The various lawsuits were consolidated into this multi-district litigation (MDL) case at the U.S. District Court for Northern Indiana in August 2005.  The Judge certified the first claims including the Federal ERISA claims as a class action in October 2007; the Judge further certified claims for another 19 states but denied certification in 9 states in a March 2008 order.

Cummings et al vs FedEx Ground Division | Ground | Arbitration Clause | Contractor Dispute | Colorado | |

This case was filed in the U.S. District Court for Colorado in 2003; the case settled in December 2005.  The plaintiffs are former FedEx Ground drivers who alleged that certain verbal commitments by FedEx recruiters violated laws against fraud, breach of implied contract and deceptive trade practices.

FedEx Ground vs USA Division | Ground | Contractor Dispute | National | |

This is a continuation of the 1991 Roadway Package Systems Inc. v USA case before the United States Court of Federal Claims.  The IRS audited RPS for 1985 and 1986 and found the drivers to be employees and not “owner operators.” RPS filed a complaint against the Dept of Treasury to get a refund of the taxes, penalties and interest stemming from that audit.  RPS and the IRS agreed to settle in 1995 and the case was dismissed.  In December 2007, FedEx Corp announced the IRS audited FedEx Ground for 2002 and found the drivers to be employees and not “independent contractors.” Negotiations between FedEx and the IRS are ongoing.

Pennsylvania Unemployment Compensation Board: Washington Appeal Division | Ground | Contractor Dispute | State Litigation | Pennsylvania

This appeal involves a claim for unemployment benefits by Michael Washington, a former FedEx Ground driver.  Washington appealed the Pennsylvania Unemployment Compensation Service Center ruling that he was a contractor and not eligible for benefits. The Pennsylvania Unemployment Compensation Review Board reversed the previous ruling and found Washington to be a statutory employee.

Pennsylvania Unemployment Compensation Board: Craig Appeal Division | Ground | Contractor Dispute | State Litigation | Pennsylvania

This appeal involves a claim for unemployment benefits by Annette Craig, a former FedEx Ground driver.  Craig appealed the Pennsylvania Unemployment Compensation Service Center ruling that she was a contractor and not eligible for benefits.  The Unemployment Compensation Review Board reversed the previous ruling and found Craig to be a statutory employee.

New York Workers' Comp Board July 2006 Panel Decision Division | Ground | Contractor Dispute | State Litigation | New York

The New York Workers’ Compensation Board was asked by FedEx Ground to review an earlier Judge’s decision that a FedEx Home Delivery driver was found to be an employee.  The original injury occurred in January 2004.  The Workers’ Compensation Law Judge ruled in September 2005 that the claimant was an employee.  The Board Panel decision was unanimous and issed in July 2006.  FedEx Ground did not appeal the Panel’s decision to the Supreme Court of New York Appellate Division Third Division.

Sonic Air vs California Employment Development Dept. Division | Ground | Contractor Dispute | State Litigation | UPS | California

This case of UPS subsidiary Sonic Air vs California EDD is demonstrative of the California legal process for employers found to wrongly classify its employees as “independent contractors.” The Sonic Air tax case is a predecessor to the FedEx Ground vs. California EDD case.  The Sonic Air case started earlier than the FedEx Ground case and shows the possible outcome of EDD succeeding in defending its audits that found FedEx Ground single-vehicle drivers to be employees.

Massachusetts Dept of Workforce Development: Williams Appeal Division | Ground | Contractor Dispute | Massachusetts | |

This appeal stems from an unemployment insurance claim filed by Robert Williams, a former FedEx Home Delivery driver.  Williams, who was involved in the Teamsters organizing driver at the Northboro terminal, was ruled to be an “employee” of FedEx.  As of Sept. 1, there is no information on any FedEx request for further appeal.

FedEx Ground vs Oregon Employment Department Division | Ground | Contractor Dispute | State Litigation | Oregon | |

This case was filed with the Oregon Court of Appeals in May 2006.  The Oregon Employment Department determined in 2005 that a multi-vehicle contractor was an employee of FedEx Home Delivery and eligible for unemployment insurance coverage.  FedEx lost an administrative appeal before appealing the ruling to the Oregon Court of Appeals.  FedEx withdrew its appeal with the Court of Appeals on December 19, 2006.  The administrative ruling that multiple-vehicle contractor McHenry (and his drivers) were found to be employees and eligible for Oregon unemployment benefits stands. 

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).

FedEx, Chamber of Commerce Publications on Contractors Contractor Dispute | Lobbying | National | Operations | |

In May 2006, the U.S. Chamber of Commerce released a publication on “alternative employment arrangements” like on-call workers, temporary workers and - of most interest to FedEx - independent contractors.  FedEx CEO Fred Smith “echoed” the Chamber report just days after its release in a speech before Chamber members in Washington.  This coordination between FedEx and the Chamber of Commerce marks another low-point in the attempts to misinform the public and politicians on “indepdenent contractors.”

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.