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<blockquote data-quote="dmac1" data-source="post: 3489873" data-attributes="member: 60252"><p>Compensation isn't part of the control fedex exerts, but compensation doesn't have to be the same for every driver to prove fedex controls the drivers. When fedex still controls the choice of vehicles, the uniform, schedules drug tests, approves drivers, controls service areas, etc, etc, there is plenty of evidence. In fact, when I proved before a judge that I was a fedex employee in 2006, the amount of compensation I was paid was not an issue at all. And when I proved before a state judge to be the actual employer of drivers I used to cover my other routes, the amount of compensation was not an issue either. Fedex chose to settle those cases with the state because taking them to the next level would have set a precedent for all drivers in the state. </p><p></p><p>But fedex will be able to stall this for a long time- a decade at the minimum, and then even that result will not be universal across the country. But if drivers are found to be employees, and if fedex decides in some states to just use an employee workforce, it is not likely that in a few states they would stick with a contractor model if most states they are forced to use employees. It would be too expensive to administer two different models. </p><p></p><p>But showing that ground/HD drivers are controlled by fedex won't be much of a battle in at least several states where laws are nearly identical to where I was.</p></blockquote><p></p>
[QUOTE="dmac1, post: 3489873, member: 60252"] Compensation isn't part of the control fedex exerts, but compensation doesn't have to be the same for every driver to prove fedex controls the drivers. When fedex still controls the choice of vehicles, the uniform, schedules drug tests, approves drivers, controls service areas, etc, etc, there is plenty of evidence. In fact, when I proved before a judge that I was a fedex employee in 2006, the amount of compensation I was paid was not an issue at all. And when I proved before a state judge to be the actual employer of drivers I used to cover my other routes, the amount of compensation was not an issue either. Fedex chose to settle those cases with the state because taking them to the next level would have set a precedent for all drivers in the state. But fedex will be able to stall this for a long time- a decade at the minimum, and then even that result will not be universal across the country. But if drivers are found to be employees, and if fedex decides in some states to just use an employee workforce, it is not likely that in a few states they would stick with a contractor model if most states they are forced to use employees. It would be too expensive to administer two different models. But showing that ground/HD drivers are controlled by fedex won't be much of a battle in at least several states where laws are nearly identical to where I was. [/QUOTE]
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