NLRB Says FedEx Drivers Are Employees, Not Contractors

Law360, New York (October 3, 2014, 3:37 PM EDT) -- The National Labor Relations Board has ruled that drivers in the Connecticut terminal of a FedEx Ground Package Systems Inc. unit are employees and not independent contractors, saying that a wide range of factors favor employee status.

Over one dissent, a four-member panel ruled Tuesday that FedEx Home Delivery violated the National Labor Relations Act when it refused to recognize and collectively bargain with a union that sought to represent the drivers. After examining the drivers' relationship with FedEx, the board said they fit the criteria of employees.

“Here, it was FedEx’s burden to establish that the drivers are independent contractors,...

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