• Labor, Employment and ERISA Litigation Case Details

    FedEx Corporation

    In re FedEx Ground Employment Practices Litigation (MDL 1700)

    Tuesday January 1, 2008

    As Co-Lead Counsel, Harwood Feffer represents thousands of FedEx Ground and FedEx Home Delivery (collectively, “FedEx”) drivers in over 35 states who allege that FedEx improperly characterized them as independent contractors but treated them as employees.   Many of these claims concern the improper payments by drivers of FedEx’s business expenses, including truck lease or loan payments, truck maintenance, fuel, uniforms and other related expenses.  These claims also concern, among other things, FedEx’s failure to pay these drivers appropriate overtime and meal break pay, its failure to pay its fair share of employment related taxes and its failure to allow these drivers to participate in FedEx’s health, disability and retirement plans in violation of ERISA and to provide them with appropriate leave under the Family Medical Leave Act.

    Twenty state classes and one nationwide ERISA class of drivers have now been certified. Briefing on the summary adjudication of the issue of improper driver classification will be completed by June 2008 with rulings to follow shortly thereafter.

    More information on the scope and status of this litigation can be found at www.fedexdriverslawsuit.com.

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