Anne Bucher  |  July 13, 2016

Category: Closed Class Actions

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FedEx Ground Driver Misclassification

FedEx Ground Package System Inc. has agreed to settle a class action lawsuit that alleges it misclassified pick-up and delivery drivers as independent contractors and failed to provide them with legal rights provided to employees under Oregon law.

If you provided pick-up and delivery service under a FedEx Ground Pickup and Delivery Contractor Operating Agreement in Oregon between July 20, 1999 and Sept. 18, 2015, you may be entitled to compensation from the FedEx class action settlement.

The plaintiffs allege that FedEx Ground misclassified certain pick-up and delivery drivers as independent contractors rather than employees. By filing the FedEx Ground class action lawsuits, they sought to recover damages on behalf of Class Members for illegal wage deductions and unpaid overtime.

FedEx denies the allegations and maintains that the independent contractor designation for its drivers is appropriate and does not violate the law.

However, the company agreed to pay $15.45 million to settle the driver misclassification class action lawsuits.

If approved, this FedEx driver misclassification settlement will resolve three class action lawsuits that are pending in Oregon federal court: Edward Slayman, et al. v. FedEx Ground Package System Inc.; John Leighter, et al. v. FedEx Ground Package System Inc., et al.; and Timothy Berg v. FedEx Ground Package System Inc.

The FedEx class action settlement was preliminarily approved on Apr. 17, 2016.

Class Members who wish to exclude themselves from or object to the FedEx driver misclassification settlement must do so no later than Aug. 1, 2016.

Who’s Eligible

You are a Class Member of the FedEx driver misclassification settlement if you provided pick-up and delivery service under a FedEx Ground Pickup and Delivery Contractor Operating Agreement in Oregon between July 20, 1999 and Sept. 18, 2015, and you may have personally worked as a full-time driver under that contract.

NOTE: Class Members are divided into two subclasses: the Slayman/Leighter subclass and the Berg subclass. The Slayman/Leighter subclass includes Class Members who had an operating agreement between July 20, 1999 and July 27, 2009, and the Berg subclass includes Class Members who had an operating agreement between July 27, 2009 and Sept. 18, 2015.

Potential Award

$500 or more. The amount each claimant is eligible to receive depends on how many hours per week they drove for FedEx Ground in Oregon and the type of vehicle driven. The amount also depends on the number of valid Claim Forms submitted. Each Class Member will receive a minimum payment of $500.

Proof of Purchase

N/A. When filing a Claim Form, Class Members will be asked to provide a Claimant ID Number (located beneath the barcode on the Claim Form received) and the last four digits of their Social Security number.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

8/1/2016

Case Name

Edward Slayman, et al. v. FedEx Ground Package System Inc., Case No. 3:05-cv-01127-HZ, John Leighter, et al. v. FedEx Ground Package System Inc., et al., Case No. 3:07-cv-00818-HZ, and Timothy Berg v. FedEx Ground Package System Inc., Case No. 3:14-cv-01663-HZ, in the U.S. District Court for the District of Oregon, Portland Division

Final Hearing

10/20/2016

Settlement Website

www.Oregon-FedExGround-Settlement.com

Claims Administrator

FedEx Ground Package System Inc. Oregon Settlement
c/o Rust Consulting Inc. – 5143
P.O. Box 2396
Faribault, MN 55021-9096
(866) 647-5843

Class Counsel

Steve D. Larson
STOLL STOLL BERNE LOKTING & SHLACHTER PC

Defense Counsel

N/A

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2 thoughts onOregon FedEx Ground Driver Class Action Settlement

  1. robert says:

    this is crap, fedex throws money at this and it goes away, the drivers keep getting screwed with no benefits, holiday pay, and some with no vacation. we should be employees of fedex

  2. DNA/27 says:

    FedEx has been avoiding this since the purchase of RPS. They realized they were skirting labor law from the get-go thus constant revisions to contracts and methods. I really liked being an owner/operator but the constant ‘squeezing’ of the contractor to stay ahead of their own obligations took all the joy out of an otherwise satisfying career. Then came Kinko’s…

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