FedEx Ground Driver Is Not Eligible For Overtime, Judge Says
By Danielle Nichole Smith (August 6, 2019, 9:08 PM EDT) -- A New Mexico federal judge threw out a proposed class action Tuesday brought by a FedEx Ground driver who claimed she was owed overtime pay, finding she was excluded from the state's overtime requirements because she was paid on a "piecework" basis.
U.S. District Judge Robert C. Brack said in his opinion that Jaime Loree Armijo fell into the New Mexico Minimum Wage Act's piecework exception because she was compensated by the package, delivery stop and mile rather than by the hour. Though Armijo had contended that FedEx Ground prescribed job requirements that disrupted that piecework payment structure, Judge Brack was...
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