Fedex Wins? REALLY?

Discussion in 'FedEx Discussions' started by upsyo, Dec 14, 2010.

  1. upsyo

    upsyo Member

    http://www.reuters.com/article/idUSN146025620101215
    FedEx wins most driver suits over contractor status



    Tue Dec 14, 2010 7:47pm EST

    * Suits claim drivers are employees, not independent
    * US District judge find for FedEx in 20 of 28 cases
    NEW YORK Dec 14 (Reuters) - A U.S. District judge ruled in FedEx Corp's (FDX.N) favor in the vast majority of lawsuits brought by drivers seeking union representation.
    In a multi-district case, the judge found in most of the cases that Memphis, Tennessee-based package delivery company FedEx had not improperly classified drivers as independent contractors rather than employees.
    "We are very pleased with today's significant rulings from the Federal District Court in Indiana in favor of FedEx Ground related to the independent contractor business model," FedEx spokesman Maury Lane said.
    "The court found that the plaintiffs are independent contractors as a matter of law in 20 of the 28 remaining certified class cases."
    In the other 8 remaining certified cases, the court ruled in favor of FedEx Ground on some claims. In three of these cases the Court ruled against FedEx Ground on at least one claim.
    Currently, about 4,500 pilots in the company's air express unit, a fraction of its roughly 290,000 employees and contractors are unionized.
    Analysts have said the independent contractor model for truckers provides FedEx a competitive advantage over its larger rival United Parcel Service Inc (UPS.N), where truck drivers are represented by the Teamsters.
    The ruling by Judge Robert Miller Jr. said FedEx has no right to discharge drivers at will, the way an employee in an at-will employment relationship can be fired.
    Other factors strongly weighing in favor of independent contractor status: drivers can hire helpers and replacements, are responsible for acquiring a vehicle and can use it for other commercial purposes, and can sell their routes to other qualified drivers, the ruling stated. (Reporting by Lynn Adler; editing by Andre Grenon)
     
  2. bbsam

    bbsam Moderator Staff Member

    Well, that about wraps that up! LOL. Guess we can't run around calling it a "scam" anymore, can we?
     
  3. MrFedEx

    MrFedEx Engorged Member

    A scam is a scam. This article deals with a limited number of cases, and doesn't "wrap it up". Usually, Republican/Conservative judges find for FedEx and more Democratic judges find against them. Wow, what a surprise.
     
  4. FedExer267

    FedExer267 Member

    Does this mean we don't have to listen to FedEx anymore?
    Do we get to make our own pick up schedules with times that are good for us?
    Do we get to take lunch breaks by hour 6 and 2 other breaks and if we miss something oh well we were on lunch.
    Since we get a 40 hour a week salary does that mean we only have to work 4 days? or if we are required to take a day off because of a holiday and we have worked 40 hours or more do we still get a full check?
    Does this mean we can wear what ever we want?
    You heard it here first guys we are Independent Contractors that get paid for 8 hours a day so thats all we are required to work and FedEx cant say crap about it.
    Plus we can use our trucks to move and run are side business as well.
    If we are truly Independent Contractors maybe its time to start acting like them.
     
  5. upsyo

    upsyo Member

    I find it very convenient this comes out 2 days before FedEx announces earnings.
     
  6. UPSBluRdg03

    UPSBluRdg03 New Member

    Im sure Freddie sent some type of incentive the Judges way to get that ruling.
     
  7. MrFedEx

    MrFedEx Engorged Member

    Yes, very mysterious.
     
  8. FedExer267

    FedExer267 Member

    Fred Smith is a worthless piece of flesh. He would rather stuff politicians pockets than treat the men and women who make him those billions of dollars fairly. Companies like FedEx are the reason the middle class is being destroyed. If you want to run a mom and pop shop like this fine but we are talking about a billion dollar industry. I guess the rich and powerful wont learn til the day comes that they get taxed like the rest of us. Until that day comes I guess I will enjoy living off the tax payers dollars with a full time job. PATHETIC.
    On the bright side if my second interview goes well this week I am getting the hell out of Dodge.
     
  9. bbsam

    bbsam Moderator Staff Member

    Actually you are downplaying a biggie here. This was, afterall, the big multijurisdictional suit held in Indiana. If you don't think this let''s the proverbial air out of the tires for legal proceedings on the issue, you are simply fooling yourself.
     
  10. bbsam

    bbsam Moderator Staff Member

    Yes. Your contractor is free to do all of the above. Now will he? Doubtful.
     
  11. MrFedEx

    MrFedEx Engorged Member

    I'd say it's the other way around. The Fat Lady has yet to sing on this one. Go on believing it's a done deal if you'd like.
     
  12. fdx

    fdx New Member

     
  13. fdx

    fdx New Member

    only states without the abc test that determines employment status got screwed states with the abc test still are suing a shame for those folks in the non abc states
     
  14. bbsam

    bbsam Moderator Staff Member

    I'm willing to listen to an explanation if you have one. Which fat lady are you waiting for this time? Which lawsuit and which judge is finally going to give you what you are looking for? I was under the impression that this was the one. I could be wrong.
     
  15. bbsam

    bbsam Moderator Staff Member

    abc states?
     
  16. User Name

    User Name Only 230 Today?? lol

    Hey I am moving this weekend any fedex guys wanna come by with your truck and move some furniture????
     
  17. bbsam

    bbsam Moderator Staff Member

    I used to do that at least 3 times a year. Never again. Thanks for the invite though.:wink2:
     
  18. FedExer267

    FedExer267 Member

    Whats it pay I work for Ground and always can use more money..
     
  19. MrFedEx

    MrFedEx Engorged Member

    This is just a guess, but I imagine that an "abc" state has a different standard for what constitutes an employer/employee relationship.
     
  20. fdx

    fdx New Member

    abc determines employee status on a state level some are right to work states which is a different set of standards