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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.
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.
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.
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.
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.
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