Tuesday, October 7, 2014

Kansas Supreme Court FedEx Ground Drivers Are Employees, Not Contractors! Ruling May Have Implications For Workers At Franchise Restaurants.

New Ruling: FedEx Ground Drivers Are Employees, Not Contractors! Kansas Supreme Court
Are you a contractor or employee
Employees not contractors!
Ruling May Have Implications For Workers At Franchise Restaurants.


479 Kansas FedEx Ground delivery drivers working for FedEx as independent contractors sued FedEx alleging they were improperly classified as independent contractors under Kansas law. The drivers are seeking to recoup retroactive costs and expenses, as well as overtime.

FedEx has faced multiple class actions across the country by both current and former drivers who signed contracts with FedEx between 1998 and 2007. Drivers say that the shipping giant classified them as independent contractors, but forced them to buy their own uniforms and equipment, while also controlling minute details of their appearance and behavior, with specific guidelines for hygiene and body odor.

Factors the court considered included: how much training the delivery company provided the drivers and how the drivers’ work hours were set, FedEx’s requirements of drivers to comply with its instructions, and how integrated the drivers’ services were to FedEx’s business

The justices also emphasized that FedEx provides "manuals, handbooks, memoranda, training videos, and other means of communication that direct that manner and means of delivering packages."
     "In short, the plaintiff drivers are integrated into FedEx's business to the highest degree possible," the 49-page ruling states.

The Kansas opinion could influence not only the decision of the Seventh Circuit court, but also other similar lawsuits against FedEx in other courts around the country.

Does Fedex sound like a restaurant you work for?
Find out if you are an employee or an independent contractor at www.kuvinlaw.com today.

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