FedEx sued by drivers claiming misclassification

Last week a U.S. district court in Indiana agreed with FedEx, that its drivers are still independent contractors.

The Trucker News Services

8/20/2010

BOSTON — FedEx Corp was sued this week by 31 of its truck drivers and former drivers. They maintain the mammoth package delivery firm has improperly classified them as independent contractors instead of employees, Reuters news services reported.

The suit was filed in U.S. District Court in Boston and seeks class-action status. No doubt carriers will be watching closely since trucker “misclassification” has been a hot-button topic for trucking companies.

The suit contends that the control FedEx has over its drivers, including setting rules over uniforms and equipment, makes them employees rather than contractors.

Reuters reported that this is the latest in a string of disputes between FedEx and truckers who want union representation. Truck drivers at FedEx rival United Parcel Service or UPS are represented by the Teamsters.

Business analysts have said the independent contractor status gives FedEx a competitive edge over UPS.

Last week a U.S. district court in Indiana agreed with FedEx, that its drivers are still independent contractors.

This latest case is David Duval v. FedEx Ground Package System, U.S. District Court, District of Massachusetts, No. 10-11409.

Dorothy Cox of The Trucker staff may be contacted to comment at dlcox@thetrucker.com.