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20 State Multi District Settlement
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<blockquote data-quote="dmac1" data-source="post: 2373469" data-attributes="member: 60252"><p>You will not need to pay the employers share of Social Security taxes. Based on the court ruling, you were an employee. </p><p></p><p>The settlement is suppose to cover whatever costs you paid that are illegal to require an employee to pay in your state. In my mind, the extra approx 7.53% of FICA/Social Security/Medicare tax you paid plus the business support package are the clearest examples of what drivers should be compensated for. And even the FICA taxes are questionable. If you were classified as an employee at the time, you would have had FICA taken out at 7.53% on your entire paycheck, instead of paying about 15% on about half your income after expenses. In my case, FICA is about a wash, but fedex got away without paying it. I was making about $30 an hour gross, and netting about $18 an hour after expenses, but before taxes. I do resent the forced overtime hours that I didn't get paid for time and a half, but in my state, when I was at fedex, it wasn't required. Part of the settlement did add OT pay, but only for drivers who worked after the law was changed. Since every state has it's own laws about what employees can and cannot pay as an employee, each state would have different amounts drivers should get. </p><p></p><p>Lawsuits are supposed to make you 'whole' and not be a windfall. But if the award in the 20 states is really below what anyone thinks is right, they should write to the settlement agents and oppose it. Luckily(?) I am in a situation where I won't be paying more that about 10% total in taxes including FICA, if being lucky means being in a low bracket because you have low income.8i</p><p></p><p>Fedex should have faced state and federal tax liabilities, but ran the case out past the statute of limitations to escape it.</p><p></p><p>I personally am going to try to amend my taxes for the years covered going back to when I started even though you normally don't need to go back more than 3-5 years. Instead of deducting expenses on schedule C, I will deduct them on Schedule A as unreimbursed employee business expenses. This may result in a tiny tax liability, or not, but will have the effect of raising my gross income for determining Social Security benefit, if the IRS allows me to amend taxes more than 10 years old. But this doesn't probably apply to most. I retired and collect Social Security now, and my benefit was based mostly on income generated at the end of my working career. I'll probably have to fight both the IRS and Social Security to get them to accept changes from that long ago, but my SS benefits would be about $60 a month higher if I had been classified correctly by fedex.</p></blockquote><p></p>
[QUOTE="dmac1, post: 2373469, member: 60252"] You will not need to pay the employers share of Social Security taxes. Based on the court ruling, you were an employee. The settlement is suppose to cover whatever costs you paid that are illegal to require an employee to pay in your state. In my mind, the extra approx 7.53% of FICA/Social Security/Medicare tax you paid plus the business support package are the clearest examples of what drivers should be compensated for. And even the FICA taxes are questionable. If you were classified as an employee at the time, you would have had FICA taken out at 7.53% on your entire paycheck, instead of paying about 15% on about half your income after expenses. In my case, FICA is about a wash, but fedex got away without paying it. I was making about $30 an hour gross, and netting about $18 an hour after expenses, but before taxes. I do resent the forced overtime hours that I didn't get paid for time and a half, but in my state, when I was at fedex, it wasn't required. Part of the settlement did add OT pay, but only for drivers who worked after the law was changed. Since every state has it's own laws about what employees can and cannot pay as an employee, each state would have different amounts drivers should get. Lawsuits are supposed to make you 'whole' and not be a windfall. But if the award in the 20 states is really below what anyone thinks is right, they should write to the settlement agents and oppose it. Luckily(?) I am in a situation where I won't be paying more that about 10% total in taxes including FICA, if being lucky means being in a low bracket because you have low income.8i Fedex should have faced state and federal tax liabilities, but ran the case out past the statute of limitations to escape it. I personally am going to try to amend my taxes for the years covered going back to when I started even though you normally don't need to go back more than 3-5 years. Instead of deducting expenses on schedule C, I will deduct them on Schedule A as unreimbursed employee business expenses. This may result in a tiny tax liability, or not, but will have the effect of raising my gross income for determining Social Security benefit, if the IRS allows me to amend taxes more than 10 years old. But this doesn't probably apply to most. I retired and collect Social Security now, and my benefit was based mostly on income generated at the end of my working career. I'll probably have to fight both the IRS and Social Security to get them to accept changes from that long ago, but my SS benefits would be about $60 a month higher if I had been classified correctly by fedex. [/QUOTE]
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