Recently the U.S. Department of Labor released it's interpretation of the Fair Labor Standards Act in a paper entitled "Misclassification Mythbusters". I believe that every XGround IC or ISP should take the time to read the paper. It isn't the be all that ends all but the the DOL's standing on the matter may serve as the launching pad for another round of class actions because one of the key points states that setting up as a company which what Ground requires in order to get the work doesn't automatically make you an independent contractor.
Mythbusters
- Thread starter bacha29
- Start date
This blog is posted by the law firm of Pepper Hamilton LLP. A law firm engaged in the practice of defending companies who use workers they proclaim to be IC"s. They do not represent workers in these matters.Keep that in mind if you go to this site and read what they have to say regarding the matter.
Just the fact that fedex requires that you have employees means you are not independent. Someone who has the freedom to work alone and set their own schedule, and determine for themselves how many hours a day they want to work is independent. Fedex doesn't allow any of that. If fedex really wanted independent contractors, and treated people as such, they would have people fighting to be contractors. If people were happy, quality would be higher. If more people wanted to work for fedex, quality would be higher.
Actually I posted it to point out just how unsettled and murky things can be with contract law eveen when it seems clarifications are bein made.
While murky, X pushes over the line. You can bet your last dollar lawsuits are coming.
Well, yeah. Nothing new there.
How come no white avatar?
Why no white gumby?
Now to answer your question, because Jarlaxle isn't white.
I'm diversified
Just talk some smack, don't really care
Never any doubt.
Peace my brother
Route 66
Slapped Upside-da-Head Member
I'm perversified!
Is that even a word? Don't try to Fred S me.
MrFedEx
Engorged Member
A true independent contractor could start his day whenever he wanted or make other independent choices FedEx doesn't allow. The FDX degree of control is such that it establishes an employer/employee relationship.
Brownslave688
You want a toe? I can get you a toe.
Maybe you should go to law school and become a Judge. In 30-40 years in sure you can change the courts opinion.
Don't need law school. Courts in multiple federal districts have made the decision already and fedex is paying at least a half billion to settle the cases. I'm going to be getting my $40k or so soon.
You seem totally unaware of the legal situation. When fedex settles, they aren't required by the courts to change the model. They get to keep it, even if it has been proven or ruled to be against regulations.
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