FedEx Drivers Awarded Class Cert. In Misclassification Suit

Law360, New York (August 14, 2012, 6:14 PM EDT) -- A Maine federal judge on Monday certified a class of FedEx Ground Package System Inc. delivery drivers in a suit alleging that the company violated state labor laws by misclassifying them as independent contractors to skimp on overtime.

U.S. District Judge D. Brock Hornby said common issues would predominate as the court determined whether the company breached the Maine Minimum Wage and Overtime Law by considering the drivers contractors.

In granting certification, Judge Hornby rejected FedEx's assertion that individualized issues about how much the company “actually...
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