More information on the 100k$ truck drivers.
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To: National Desk, Labor Reporter Contacts: Alfred Gordon or Shannon Liss-Riordan, 617-367-7200, or Lynn Rossman Faris,
510-272-0169SPRINGFIELD, Mass., Aug. 21 /U.S. Newswire/ -- The Massachusetts Department of Workforce Development has ruled that former FedEx Ground/Home Delivery Driver Robert V. Williams was illegally denied unemployment benefits after finding that he was actually an employee of FedEx, not an independent contractor as the company has claimed, it was announced today.
In rejecting the company's position, the agency concluded after its investigation that Williams, of Berlin, Mass., was entitled to the unemployment benefits because his services "must be considered to have been under the direction and control" of FedEx. In its decision, the state examiner noted numerous reasons why Williams should be considered an employee, including the fact that Williams was required to:
-- Work, without flexibility typically afforded a truly independent contractor, the schedule dictated by the company out of its Worcester terminal in Northborough, Mass.
-- Rent the company electronic package scanner, which is required by the company to monitor driver output.
-- Buy the specified company uniform, and company delivery vehicle, from the company-specified dealer.
The successful appeal was handled by Shannon Liss-Riordan, Esq., and Alfred Gordon, Esq., of the Boston firm of Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan P.C.
"The decision speaks for itself, loud and clear, that Mr. Williams was an independent contractor in name only and that he is absolutely entitled to the benefits afforded other FedEx employees," said Liss-Riordan. "It is easy to understand why the company did not enter an appearance to contest the appeal. It had no argument."
Lynn Rossman Faris, Esq., lead attorney in the national class action suit against FedEx Ground in which Williams is a class member, hailed the decision as yet another example, from coast to coast, of decisions supporting the contention that FedEx has been misclassifying its drivers as independent contractors.
"This decision is timely as we are in full-scale depositions at the FedEx Ground headquarters in Pittsburgh on the class- action litigation," she explained. "We have begun the process of taking
75 sworn statements, including those from top company executives, regional managers and terminal managers, all aimed at demonstrating in federal court what Massachusetts has just determined: FedEx Ground drivers are and have always been employees."She said state after state, and federal agencies, have been rejecting the company's position and exposing its so-called independent contractor business model as a sham to avoid paying huge amounts in business expenses it -- not drivers -- should be shouldering.
FedEx Ground, a subsidiary of FedEx Corporation (NYSE:FDX - news), is presently the subject of numerous legal proceedings, including the class action lawsuits brought by present and former drivers who were misclassified as independent contractors. Since December 2005, FedEx Ground has been assessed nearly $100 million by courts and/or government agencies regarding its employment practices relative to the drivers. For more information, visit