FedEx faces a wage and hour class action lawsuit alleging that FedEx employees are denied overtime, resulting in uncompensated work time.
Lead plaintiff Phillip N. recently filed a class actin lawsuit against FedEx Ground Package System Inc., alleging uncompensated work time stemming from the mail service’s failure to pay overtime. Phillip brings his claims on behalf of himself and others under the Fair Labor Standards Act (FLSA), the Colorado Wage Claim Act, and the Colorado Minimum Wage Act.
According to his complaint, Phillip worked for FedEx as a delivery employee from August 2014 to November 2016. He was hired jointly by FedEx and the company’s independent service provider (ISP), Harmony Express Inc., to deliver packages in Loveland, Colo. Under ISP agreements, ISPs obtain a service area which FedEx services.
Although Harmony Express was Phillip’s employer, he alleges FedEx directed and dictated his work.
“In this regard, the ISP is little more than an administrator for FedEx and an independent contractor in name only, dictating to drivers the policies and directives of FedEx in accord with the Agreement,” Phillip explains in his class action lawsuit.
Phillip claims that FedEx policies resulted in uncompensated work time. Each day, Phillip says he was required to load his own truck with all packages he was to deliver that day. The process would take two to four hours for which he was allegedly not paid. Phillip claims that he and other employees should have been paid for this uncompensated work time since it was essential to his job performance.
Phillip and other employees had work days of various lengths, as the work day depends on the number of packages to be delivered. According to the class action lawsuit, employees were required to deliver all packages assigned to them in a day regardless of how long it took.
“An ISP is responsible for delivering all packages scheduled on any given day within his service area regardless of the volume,” the class action states. “This obligation is passed down from the ISP to the driver, like Plaintiff, regardless of how long it will take him to make the deliveries.”
Phillip says that considering loading time and waiting for FedEx personnel, a FedEx driver may work more than eight hours a day. During the peak holiday season, a FedEx driver may work over 12 hours a day, sometimes six days a week.
Although Phillip often worked more than 12 hours a day and more than 40 hours a week, he was allegedly not compensated for overtime at a time-and-a-half rate. Phillip claims that he was not exempt from overtime and deserves payment for uncompensated work time. Phillip brings his complaint as a class action, claiming that other drivers were subject to the same requirements and pay provisions.
Phillip seeks to represent a Class of all current or former FedEx drivers who were not compensated lawfully for all overtime hours worked. The class action seeks a class certification, compensatory damages for uncompensated work time, service awards, court costs, and attorneys fees.
The FedEx Uncompensated Work Time Class Action Lawsuit is Case No. 1:18-cv-01378-NYW in the United States District Court for the District of Colorado.
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9 thoughts onFedEx Employee Alleges Uncompensated Work Time in Class Action Lawsuit
I worked for fedex ground from 07 to 2012, do I qualify for a class action lawsuit?
I work for several different contractors fir Fedex Ground. Every single one under payed / did not pay on the last paycheck. I recently worked for Federal Routes and I quit 1/10/2020. It’s three weeks later now and still no paycheck for the last 4 days that I worked. My advicevto drivers is to work one or two dats for the last week so that you only get screwed over a little bit.
I’ve worked for Fed ex Ground for 17 years and I am interested in learning a little more about this lawsuit
FedEx misclassified driver’s, and lost lawsuit, so why did not the drivers get compensated for vehicle purchase and all the gas used for delivery, workman’s comp, maintenance repair. should be a lawsuit filed against FedEx for these experiences.
I worked for FedEx for almost 10 years and never once got paid overtime or comp days off. That entails working 80 hour work weeks. They really don’t value work-life balance.
I worked for FedEx Ground as an independent contractor. FedEx Ground dictated every aspect of the business. I could not discipline the folks that were supposed to work for me. FedEx Ground qualified and disqualified drivers at their own discretion. They took thousands of dollars from promised bonuses for minor accidents that weren’t even the drivers’ fault. There were so many horror incidents with FedEx Ground that there is not room in this comment to list them all. FedEx Ground is not a good company to work for.
Yes. I can relate to everything you said. There is no recourse to what they do. They completely control everything and you can complain but will get no where. It’s.sadly the worst experience in my life. Too many politics and games played by thier staff putting undue stress on the contractor. The station manager plays God. Just writing this makes me remember what I went thru and makes me sick
I I deliver packages for FedEx I work for an independent contractor and if your vehicle holds more than 10,000 lb you are not entitled to overtime
Your misinformed they try to use the GVWR as an excuse to have drivers break DOT laws to stay out on the road longer than they should. I know I worked for FXG on Senior Management for 23 yrs and that is how they operate. They are unsafe and have no regard for personal or professional safety.