Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
FedEx employees have called on a California federal court to certify their class action alleging that the company shorted the employees pay by not compensating them for time spent in daily security screenings or while they were on meal or rest breaks.
The class action lawsuit, filed by lead Plaintiff Ernest Cuadra, could cover 60,000 FedEx employees, Law360 reports.
The workers argue in the claim that although FedEx changed its policies on paying for the time spent in security screenings, the flat rate it implemented still resulted in workers getting shorted — especially in peak seasons.
They said that the 12 minutes they were paid for each day for the screenings failed to take into account that those screenings took up to three minutes longer in peak seasons, and they said that FedEx failed to adjust the pay when its average wait time fluctuated.
“In addition, the defendant never paid this additional time at an overtime rate of pay, instead just paying the hourly rate by the flat sum resulting in overtime violations,” the motion for certification reads.
The class action lawsuit was filed in December 2019 by Cuadra, who said he was employed by FedEx as an hourly employee from 2006 to 2019.
According to the motion for certification, Cuadra seeks to certify 10 classes of workers, including two classes impacted by the security screenings, two classes for those whose rest breaks were impacted, two classes for those whose two meal breaks were impacted, two wage statement classes, and two final wage classes, Law360 reports.
The classes could include up to 59,800 hourly nonexempt employees who were subjected to security screenings and at least 33,301 nonexempt employees subjected to the screenings, the motion states.
Have you ever had an issue getting paid for sign-in time or meal breaks? Let us know your experience in the comments section!
The workers are represented by Joseph Lavi and Jordan D. Bello of Lavi & Ebrahimian LLP.
FedEx is represented by Evan R. Moses, Alexander M. Chemers and Melis Atalay of Ogletree Deakins Nash Smoak & Stewart PC.
The FedEx Workers Pay Class Action Lawsuit is Ernest Cuadra v. FedEx Ground Package System et al., Case No. : 2:20-cv-10719, in the U.S. District Court for the Central District of California.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
2 thoughts onFedEx Workers Call on Court to Certify Class Action Lawsuit Alleging Workers Were Underpaid
i would like to get regular updates on fedex company because I am a employee of this company
This is happening to us right now. Although they just stopped and said we can’t do it anymore after they told us to. They say now if we do it it’s a performance issue. They were having us right in our breaks during work. Now they have stopped an are hiring cartage delivery service to come and take freight and they are paying them 10 dollars a package. I make 23.74 an hour and deliver 12 to 15 stops an hour and that’s just stops not packages. I feel like this corporation is underpaying their employees and breaking rules without any consequences.