AGs To Sue FedEx For Labor Law Violations
Posted on Tuesday, 20 of October , 2009 at 1:52 pm
NEW YORK—The New York State Attorney General’s office is one of three who have announced their intent to sue FedEx Ground Package System, Inc. for violations of state labor laws.
Attorney General Andrew M. Cuomo has joined with Montana Attorney General Steve Bullock, and New Jersey Attorney General Anne Milgram.
According to the letter sent Tuesday to FedEx Ground, the company unlawfully misclassifies its drivers as independent contractors. As such, drivers do not receive Workers’ Compensation coverage through FedEx Ground. Moreover, the AGs say independent contractors are not protected by anti-discrimination laws, labor relations laws, and other important laws that protect New York, Montana and New Jersey workers. At the same time, drivers are required to spend thousands of dollars out-of-pocket for their trucks, repairs, fuel and uniforms while being held to strict FedEx Ground rules that control the hours they work, the way they dress, and their ability to contract with anyone else outside the company.
“By blatantly misclassifying its drivers, FedEx Ground has denied these individuals the employment rights they are guaranteed by law,” Cuomo said. “FedEx Ground drivers have been forced to pay thousands out of pocket for work-related expenses and adhere to strict employment policies, despite being deprived of the protections of full-time employee status. Our letter today demands that these policies be reversed or this office will not hesitate to bring legal action immediately.”
The investigation by the Attorneys General revealed that the level of control FedEx Ground exercises over its drivers merits, under New York, Montana and New Jersey state law, employee status and the protections inherent in that status. FedEx Ground strictly controls all aspects of the work of drivers doing pick-up and delivery. Hours are prescribed by FedEx Ground with drivers having almost no discretion as to the hours they work. Workers’ performance of their tasks – from the loading of their trucks to their hand-off to customers – is directed and supervised by FedEx Ground.
Drivers’ uniforms are mandated by FedEx Ground, even down to the colors of drivers’ socks, and drivers’ opportunities to engage in non-FedEx Ground related work are also almost entirely constrained by FedEx Ground rules. Drivers are only allowed to use their own trucks for non-FedEx Ground purposes if the trucks are used outside of FedEx Ground working hours. Additionally, the work of FedEx Ground drivers is at the very core of FedEx Ground’s business activities; drivers are completely integrated into the overall business functions of the company.
FedEx Ground drivers must also undertake significant expenses to perform their jobs in the manner required by FedEx Ground. These expenses range from purchasing or leasing trucks for as much as $70,000, to paying approximately $40 per week for the use of a FedEx Ground uniform and scanner. Drivers must also purchase fuel and do required maintenance for their trucks, and must purchase their own Workers’ Compensation insurance, as required by FedEx Ground.
STOP! READ! Avoid A Forbidden Notice. First time visitors are welcome at no charge. Thereafter, readers who wish to read additional articles or plan on returning at a later time will need to be an advertiser or have a paid subscription to the NCG Daily Digest in order to gain access. This policy will be strictly enforced and access will be denied to those who abuse it. To sign up, see the subscription ad and PayPal button to the right of this page or at www.northcountrygazette.org If you have questions, contact us at news@northcountrygazette.org
Special subscription rate through Nov. 11, 2009. See http://www.northcountrygazette.org/2009/10/11/changes_coming/
Category: Courts, Government, Labor, New York State
- Add this post to
- Del.icio.us -
- Meneame -
- Digg
COPYRIGHT 2009 - NORTH COUNTRY GAZETTE All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of the publisher.
