STOLL BERNE has filed two lawsuits against FedEx Ground Package System, Inc. ("FXG") on behalf of a current and a former delivery driver who were both misclassified as independent contractors. As alleged in the complaint, FXG treats its drivers as employees, systematically retaining far-reaching rights to direct and control all of its drivers in the performance of their work. FXG, however, labeled its drivers "independent contractors" so that FXG could improperly shift extensive costs to its workforce and evade the legal obligations of an employer.

The complaint seeks class action status on behalf of all similarly situated former and current FXG delivery drivers in Oregon. Plaintiffs seek recovery of the substantial business costs that FXG forced them to bear, including the costs to purchase trucks, FedEx uniforms, and the FedEx proprietary scanners, as well as benefits of employment that were denied, such as overtime pay.

Pretrial proceedings will take place in the Northern District of Indiana, pursuant to a Multi-District Litigation Order, consolidating the case with similar class actions filed against FXG in numerous other states. Stoll Berne lawyers have been extensively involved in class certification briefing, working closely with lead counsel in the case to brief class certification issues. Following the conclusion of the consolidated pretrial proceedings, the case will be transferred back to the District of Oregon for trial.

A federal judge has now certified the class action against FedEx Ground on behalf of all Oregon current and former full-time drivers who drove out of a FedEx Ground terminal in Oregon from July 20, 1999 through to the present.

ARTICLE RELATED TO THIS CASE:

August 30, 2007 - "5 Oregon contract drivers for FedEx join suit," The Oregonian