Lawyers for current and former FedEx Ground/Home delivery drivers nationwide have filed motions to certify two nationwide classes and 10 statewide classes in the Multi-District Litigation challenging FedEx’s illegal classification of its drivers as independent contractors. The attorneys contend that by not classifying the drivers as employees, FedEx foisted all of its operating expenses on drivers.

Lynn Rossman Faris, Esq., co-lead counsel based in Oakland, CA, said the first wave of cases submitted for class certification follow the taking of more than 200 depositions. Among those deposed were Daniel Sullivan, founder and former CEO of FedEx Ground Package System, Inc.; current FedEx CEO David Rebholz; current Executive Vice Present Rodger Marticke; and most of the company’s top executives.

The nationwide classes the plaintiffs are seeking to certify include all current and former drivers who have been “deprived of their legal rights under the Family Medical Leave Act (FMLA) and deprived of all medical and pension and other benefits given to all other FedEx employees.”

In addition, the plaintiffs are asking certification of statewide classes citing a variety of violations of state law in the following 10 states:  California, Indiana, Iowa, Kansas, Maryland, Massachusetts, New Jersey, New York, Oregon, and South Dakota.  Plaintiffs plan to file similar class certification motions in at least 20 other states in the coming weeks.

“This is a major milestone in a landmark case involving the blatant misuse of independent contractor status to deprive FedEx Ground delivery drivers of their legal rights and to permit the exploitation of these workers who believed FedEx’s claim that they would be business partners with the multi-billion dollar company,” explained Faris.  She said the first set of cases filed is representative of a cross section of all the suits because they clearly meet or exceed the standards for class certification.

At the heart of the lawsuits is a challenge to FedEx’s right to call its 14,000 drivers “independent contractors,” while dictating to them every aspect of how to pick up and deliver packages, what to wear, what time to arrive at the customers’ doors, and virtually every aspect of their daily work lives. 

The lawsuits are seeking to have the former and current class members reimbursed for all expenses, including wage and other employment-related taxes. Experts estimate those reimbursements could approach $1 billion.

For more information, visit http://www.fedexdriverslawsuit.com