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Driver going after Contractor
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<blockquote data-quote="FedExer267" data-source="post: 819527" data-attributes="member: 18716"><p>One of the drivers in my building was talking to me today. He has apparently gone to a attorney because he is tired of being paid below minimum wage. Apparently he has one hell of a case against the Contractor.</p><p> </p><p>The attorney told him the problem is the drivers keep going after FedEx when they should be going after their Contractors. He has heard all the interstate commerce stuff as well but it does not apply to package car drivers because they do not cross state lines. Yes the packages do but that has no bearing on the men and women that deliver the boxes to their final destination. If that was the case and it did matter then UPS and FedEx Express would be paying their employees the exact same way.</p><p> </p><p>He studied every aspect of the job and has determined something we all knew already that we do the same job as Ups and FedEx Express drivers therfor we are entitled in the state of California to OT. We should also be paid by the hour and not a salary. So he is taking his Contractor to court for OT and apparently for the last year it amounts to almost 30,000 which is more than he made all year. </p><p> </p><p>It will be really intresting to see how this plays out if this driver does win I see alot more drivers following suit. That would put alot of Contractors out of business what would happen then?</p><p> </p><p>If FedEx wants to stay in the Ground business and drivers are taking thier Contractors for everything they have hmmm would they have to make Ground a legitimate business. I cannot wait to see this one play out. The papers are drawn up and he will be getting served pretty soon.</p><p> </p><p>All I can say is good luck buddy.</p></blockquote><p></p>
[QUOTE="FedExer267, post: 819527, member: 18716"] One of the drivers in my building was talking to me today. He has apparently gone to a attorney because he is tired of being paid below minimum wage. Apparently he has one hell of a case against the Contractor. The attorney told him the problem is the drivers keep going after FedEx when they should be going after their Contractors. He has heard all the interstate commerce stuff as well but it does not apply to package car drivers because they do not cross state lines. Yes the packages do but that has no bearing on the men and women that deliver the boxes to their final destination. If that was the case and it did matter then UPS and FedEx Express would be paying their employees the exact same way. He studied every aspect of the job and has determined something we all knew already that we do the same job as Ups and FedEx Express drivers therfor we are entitled in the state of California to OT. We should also be paid by the hour and not a salary. So he is taking his Contractor to court for OT and apparently for the last year it amounts to almost 30,000 which is more than he made all year. It will be really intresting to see how this plays out if this driver does win I see alot more drivers following suit. That would put alot of Contractors out of business what would happen then? If FedEx wants to stay in the Ground business and drivers are taking thier Contractors for everything they have hmmm would they have to make Ground a legitimate business. I cannot wait to see this one play out. The papers are drawn up and he will be getting served pretty soon. All I can say is good luck buddy. [/QUOTE]
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