National

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.

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.

Satchell et al vs FedEx Express Division | Express | Class Action | Federal Litigation | National | Race Discrimination | |

This case was filed in U.S. District Court for Northern California in 2003. The class of plaintiffs allege that the FedEx Express Western Region discriminates against hourly employees and certain managers due to race and ethnicity in violation of Title VII of the Civil Rights Act. Two separate classes - for hourly employees and for certain managers - were certified by the court in September 2005. In April 2007, the workers’ lawyers and FedEx Express announced a settlement to the charges in this lawsuit.

Clausnitzer vs FedEx Express Division | Express | Age Discrimination | Federal Litigation | National | |

The case was filed in the U.S. District Court for Central California in December 2005. The case alleges FedEx Express policies in force since 1994 discriminate against older couriers in violation of the Age Discrimination in Employment Act.

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.

FedEx Home Delivery Applies for HOS Exemption Division | Ground | National | Operations | Safety Health | Off The Clock | |

UPDATED 8/24/06: 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. We will keep updating our Resource page. END UPDATE FedEx Home Delivery submitted an application for an exemption for hours of service requirements for its drivers on July 10. The Federal Register announced a comment period will run from July 30 until August 30, 2006. The exemption application wants the Dept of Transportation to allow drivers who drive their delivery vehicles from their last delivery point to their home AND drivers who drive their delivery vehicles to their terminal to be declared as driving “off hours” and thus exempt from the hours of service regs. The Teamsters oppose this application for exemption due to the possible pressure on drivers to work off the clock and in the interests of both the drivers personal safety and public safety.

EEOC vs FedEx Corporation Division | Express | Federal Litigation | National | Race Discrimination | |

The U.S. Equal Employment Opportunity Commission investigated a complaint of a FedEx Express employee filed in 2005. The employee complaint centered on the use of a “Basic Skills Test” at FedEx Express. The EEOC issued FedEx subpoenas for information on the types of FedEx computerized human resource files. FedEx resisted the subpoena and ultimately did not answer the request for information. The EEOC took FedEx to federal court In June 2006 to enforce the administrative subpoena.

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.”