Following the Massachusetts decertification, drivers involved in a similar collective action in Pennsylvania federal court also agreed to decertify and pursue their claims individually. These actions led to the filing of the five new complaints this week.
FedEx Sued By 15K Drivers : FedEx’s Control Over Drivers
The lawsuits allege that, although the drivers were directly employed by independent service providers (ISPs), FedEx controlled key aspects of their work, making it a joint employer under the FLSA. The drivers, represented by Lichten & Liss Riordan PC, claim they worked full-time, delivering packages exclusively for FedEx, while wearing FedEx uniforms and using vehicles branded with FedEx’s logos.
The complaints accuse FedEx of micromanaging drivers’ work, dictating the volume of package pickups and deliveries, and even influencing how drivers performed their tasks. This control, the drivers argue, makes FedEx liable for their unpaid overtime.
FedEx’s Defense and Legal Strategy
FedEx, however, has maintained that the ISPs were solely responsible for employing the drivers and ensuring compliance with wage-and-hour laws. A FedEx spokesperson, Austin Kember, indicated that the company disagrees with the new individual lawsuits, stating, “FedEx looks forward to discussing such issues with the court.”
