Trucking News

Class-action suit ruling favors FedEx Ground

December 19, 2010

 | by: Jill Dunn

The federal judge overseeing drivers’ multi-district class-action suit against FedEx Ground has ruled mostly in favor of the company in its stand that its drivers are contractors.

On Dec. 13, Judge Robert L. Miller Jr. for the U.S. District Court for the Northern District of Indiana sided mostly with the Memphis-based company. On Aug. 11, Miller had granted FedEx’s motion for summary judgment in concluding that Kansas drivers are contractors and not employees.

At that time, he had ordered the suit’s parties from the remaining 28 states to file supplementary briefs addressing why the outcome in their cases should be the same as or different from Kansas.

Maury Lane, FedEx corporate communications director, said the company is pleased with the ruling. “The court found that the plaintiffs are independent contractors as a matter of law in 20 of the 28 remaining certified class cases,” Lane said. “In the other eight remaining certified cases, the court ruled in favor of FedEx Ground on some of the claims; in three of these cases the court ruled against FedEx Ground on at least one claim.”

Plaintiff attorneys did not immediately respond to a request for comment.

Miller wrote the most important factor considered in common law and in restatement tests in determining if someone is an employee is how much the person can control their work. States regard companies’ right to discharge at will as the second most important factor.

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