Misclassification Case Filed Against FedEx
Along with my colleagues Lichten & Liss-Riordan, P.C.., of Boston, Berger & Montague, P.C., of Philadelphia, and Bauman, Dow & Stambaugh, P.C., of Albuquerque, this law firm has filed a class action against FedEx Ground Package System, Inc. alleging that the logistics giant has engaged in misclassification of its New Mexico drivers resulting in significant underpayment. The lawsuit, filed in federal district court in New Mexico, asks that the Court order FedEx to pay its affected drivers overtime under New Mexico statutory law and unauthorized deductions and other expenses under New Mexico statutory and common law. The lawsuit parallels similar claims brought by FedEx drivers around the country.
The premise of the case is that, by controlling the means and methods that the drivers perform their work, FedEx is their common law employer, and accordingly, the drivers are entitled to protections afforded to employees. In New Mexico, those protections include a state law that requires employers to pay employees overtime for hours worked over 40 in a week.
A copy of the complaint is found here: #1 Complaint.