November 22nd, 2014 | Comments Off on FedEx Misclassification of its Drivers as “Contractors”

CNN has a great article on Federal Express’s intentional practice of misclassifying its drivers as independent contractors in order to save the company from paying overtime, worker’s compensation and unemployment benefits. Transferring a company’s inherent business risks onto its employees is a an old practice but it may also be illegal under the Fair Labor Standards Act.  If a company controls your day and you are “economically dependent” on that company, you are likely an employee rather than an independent contractor. This is especially true if the work you do is directly related to the company’s business primary business. For instance, a plumber who comes in a few hours a week on her own schedule to fix the pipes at FedEx may be a legitimate contractor. A person who spends 60-70 hours each week delivering packages — FedEx’s core and primary service — is likely an employee. If you believe you have been misclassified, please give us a call. We will be happy to meet with you without charge to see if we can help you to recover the wages you should have earned plus the same amount as liquidated damages.