Fedex Ground Are Fedex Employee's. California 9th Circuit Ruling.

Discussion in 'FedEx Discussions' started by FedExcrement, Aug 27, 2014.

  1. FedExcrement

    FedExcrement New Member

  2. MrFedEx

    MrFedEx Engorged Member

    Last edited: Aug 27, 2014
  3. realbrown1

    realbrown1 Annoy a liberal today. Hit them with facts.

    Time for those employees to contact the Teamsters ASAP.
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  4. Is California ISP model? Because that ruling doesn't seem to have anything to do with an ISP ..
  5. CJinx

    CJinx Well-Known Member

    No, it is not; I imagine it will be in a few months though...
  6. M I Indy

    M I Indy Member

    ....along with Oregon, Nevada, and Washington.

    MAKAVELI Well-Known Member

    It looks like it's for the years 2000-2007 in California and 1999-2009 in Oregon. What this ruling does is open FedEx Ground to wage and benefits claims for those"EMPLOYEES".:D
  8. Cactus

    Cactus Just telling it like it is

    About frickin' time. :likeit:

    Start writing those checks out Fred.
  9. STFXG

    STFXG Well-Known Member

    California is where the ISP model is based on. They were the ones that started the 3 route minimum rule (post 2007). I can't remember which lawsuit started it. And the only ones that will get a payout are single route contractors who did not sell their routes for a profit. Seems to be the way it ends up going. FedEx proves the are independent when they earn a profit on the sale of the business.
  10. M I Indy

    M I Indy Member

    Ha Ha Ha...can't remember, seems to be, Ex proves.....oh the purple delusion seeps! Only ones who will get payout are single routes? We are talking 2000-2007 under the OA that was in place then. Who gave you this info at your kool-aid party? Ex said it would shift to new service agreements in California as a result of this decision, band-aid until all employee force can be implemented, threshold of IC/ISP vs. Employee has now shifted. All Fed Ground employees with lawsuits can now proceed, appeals court statement, no more stalling. Only singles to the tune of at least 250 million? AWESOME! But, ALL Drivers sought OT, expenses, punitive damages, and attorney costs, which could total more than 75,000 per driver. Face it, you are no more and never were anything other than a manager with supervision of your multiple routes. Read the decisions, doesn't matter about sales, transfer of routes, million dollar revenues, one-third minority or female owned (thought that was a funny defense of the model, since the IC drug dealers they had been delivering online products to make about the same demographic),blah blah. It's all about CONTROL and the excess in which Ex exerts it. The only thing Ex proved was they were over- controlling, which IS the way it ends up going, by showing there is no independence when they must approve everything you do in the supervision of your routes. Can you sell your route to anyone YOU want to? Sure you can, as long as EX approves it! Can you hire a driver part time who works regularly in a union shop? Sure you can, as long as Ex approves it, after researching YOUR hire for YOUR business. Better chance the Earth will burn to a crisp before this happens. Face it, your route values are now in jeopardy, who wants to buy into an unstable so called business that is really just a job. I'm sure Ex will give you fair price, they are your partner, oh sorry, I mean your employer.
  11. bbsam

    bbsam Moderator Staff Member

    Not to burst your bubble, but we've heard these rants before. "Oh, this one's gonna get them!...blah, blah, blah.
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  12. M I Indy

    M I Indy Member

    No bubble here to burst, no rant, just the decision! I'm sure Ex has saved away for these days ahead. After all, as plaintiff counsel said, Ex built this network on the backs of these driver's with illegal practices, we all knew that, nothing new. Now, they have to pay for the free ride they had to build this network. This is redemption for all the "Be your own boss" "control your destiny" lies and bs propaganda dished out while you"re actually an employee. Also, for those who questioned the practices. Who do you think this decision affects the most, Ex (employer) or you (employee)? You have lost value on your so called business already with this decision, Ex has yet to pay a dime and nothing for them has changed. Going forward when Ex has to pay, where or who do you think they will recoup their payout from?
    Sorry your bubble has popped! Try to sell your routes to the highest bidder, unless they are of character endorsed by Ex, you are out of luck. Now that is an independent business decision that Ex will never give up, no matter how much they tweak, they control your "business"
  13. STFXG

    STFXG Well-Known Member

    Why has a decision on a lawsuit from 2007 depreciated our business values?

    Good for those guys if they end up getting a payout.
  14. vantexan

    vantexan Well-Known Member

    Has FedEx lost any other lawsuits concerning this? Looks like a big deal. Between this and the online pharmacies FedEx may have to pony up some serious money.
  15. SuperHandler

    SuperHandler Member

    Hate to burst your bubble but...FedEx isn't as smart as you make them out to be.

    MAKAVELI Well-Known Member

    Don't forget the Orland and New York lawsuits.
  17. BrownBrokeDown

    BrownBrokeDown Active Member

    I noticed in one of the articles that it states there has been a number of losses in similar cases in other states. Has any of these went to the US Supreme Courts waiting list? That is the only way it would change over the US. IF the US Suprement Court votes in favor of the drivers. Of course I'm sure the Smith funded anti-union politicians would not try to influence the supreme court as has happened throughout history...right?
  18. bbsam

    bbsam Moderator Staff Member

    Maybe. Until the law concerning independent contracting is revised and made far more clear, this is a bump in the road.
  19. Cactus

    Cactus Just telling it like it is

  20. STFXG

    STFXG Well-Known Member

    Most of the cases were combined into the multidistrict litigation that was in indiana. FedEx won that.

    FedEx Ground Package System Inc. Employment Practices Litigation, 3:05-md-00527, U.S. District Court, Northern District of Indiana

    That is the big case that led to ISP rolling out in a bunch of states. That and the states going after fedex for the employment taxes. FedEx settled and put the ISP model in those states that were really going after them.