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<blockquote data-quote="dmac1" data-source="post: 2330326" data-attributes="member: 60252"><p>One case I was personally involved in determined that drivers hired by contractors were in reality fedex employees, and another recently decided that fedex and the contractor were co-employers. But so far, fedex has avoided state enforcement by settling with those who make legal claims, As long as fedex is an employer in a state, it doesn't seem like state authorities are going to enforce the statutes, and instead periodically fine fedex, and the issue goes away. If not, fedex makes changes and delays the issue. I think that fedex can delay and stall and modify almost indefinitely and keep out from any legal order to force them to treat all drivers as employees.</p><p></p><p>It took 15 years to get the first employee/contractor case settled, and the MDL attorneys I talked to said that the new model would be harder to fight because laws haven't been written for situations like this. As I have said, I believe that a fedex contractor is more like a franchisee who has a contract like a McDonalds franchise. So far, in most cases, a McDonalds franchisee can be required to conform and comply with company demands.</p><p></p><p> As we learned in the IC model, just because fedex says you are a contractor in the contract doesn't make it true, and in the case of ICs, they turned out to be employees. IN the new ISP model, they may be called contractors in the contract, but in reality, they may be franchisees. Who really know until and if it goes to court.</p></blockquote><p></p>
[QUOTE="dmac1, post: 2330326, member: 60252"] One case I was personally involved in determined that drivers hired by contractors were in reality fedex employees, and another recently decided that fedex and the contractor were co-employers. But so far, fedex has avoided state enforcement by settling with those who make legal claims, As long as fedex is an employer in a state, it doesn't seem like state authorities are going to enforce the statutes, and instead periodically fine fedex, and the issue goes away. If not, fedex makes changes and delays the issue. I think that fedex can delay and stall and modify almost indefinitely and keep out from any legal order to force them to treat all drivers as employees. It took 15 years to get the first employee/contractor case settled, and the MDL attorneys I talked to said that the new model would be harder to fight because laws haven't been written for situations like this. As I have said, I believe that a fedex contractor is more like a franchisee who has a contract like a McDonalds franchise. So far, in most cases, a McDonalds franchisee can be required to conform and comply with company demands. As we learned in the IC model, just because fedex says you are a contractor in the contract doesn't make it true, and in the case of ICs, they turned out to be employees. IN the new ISP model, they may be called contractors in the contract, but in reality, they may be franchisees. Who really know until and if it goes to court. [/QUOTE]
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