Five recent FedEx class action lawsuits accuse the logistics company of failing to pay drivers all of the overtime pay they earned, Law360 reports.
About 15,000 drivers took legal action against FedEx Ground Package System Inc. and FedEx Corp. in five FedEx class action lawsuits filed on August 6.
They filed the FedEx class action lawsuits after prior collective actions under the Fair Labor Standards Act were unsuccessful. A Massachusetts federal judge reportedly found the drivers did not have enough in common to justify a collective action because they were subject to different pay practices.
FedEx class action: Drivers are jointly employed by defendant
The plaintiffs claim that, although they were direct employees of one of FedEx’s independent service providers, they were also FedEx employees under the FLSA. They note they worked full-time as FedEx drivers while wearing FedEx uniforms and delivering FedEx packages while driving FedEx vehicles bearing the company’s logo.
FedEx controlled the package delivery volume and controlled the way they worked, according to the FedEx class action lawsuits. The plaintiffs claim FedEx implemented an independent service provider system to avoid further allegations of misclassifying employees as independent contractors.
In an earlier unpaid overtime lawsuit, FedEx allegedly claimed the individual service providers were the drivers’ employers and therefore were responsible for paying overtime.
“We look forward to showing that FedEx has continued to avoid its obligations to its employee drivers by setting up a three-tiered employment system that FedEx thinks allows it to deny it is their joint employer,” Shannon Liss-Riordan, an attorney representing the drivers, reportedly told Law360.
Last year, FedEx reached a $1.5 million class action settlement over allegations it failed to compensate employees who took short-term military leave in violation of the Uniformed Services Employment and Reemployment Rights Act.
What do you think about the unpaid overtime allegations in the FedEx class action lawsuits? Tell us about it in the comments.
The plaintiffs are represented by Shannon Liss-Riordan, Harold Lichten, Matthew Carrieri and Jeremy Abay of Lichten & Liss-Riordan PC.
The FedEx class action lawsuits are Timothy Atwood, et al. v. FedEx Ground Package System Inc., et al., Case No. 2:24-cv-01127, in the U.S. District Court for the Western District of Pennsylvania; Sean Doyle, et al. v. FedEx Ground Package System Inc., et al., Case No. 1:24-cv-12030, in the U.S. District Court for the District of Massachusetts; and Calvin Alleyne, et al. v. FedEx Ground Package System Inc., et al., Case No. 1:24-cv-12031, in the U.S. District Court for the District of Massachusetts.
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One thought on 15K FedEx drivers file class action over OT wages
I just had to leave my Fed Ex Ground job, went from hourly to daily rate last year. My route increased significantly, I went from 8 hour to 12-14 hour days. I was making 21.00 per hour. My average after daily rate equaled 12.00 to 15.00. No overtime, driving 200-300 miles per day