FedEx Lawsuit

When the government needs to determine whether or not someone is an employee or an independent contractor, there are several basic points that are examined.  The government is generally interested in providing this classification because of the tax implications that form the foundation of this label.  Below are a few examples of the elements of this analysis:

1. Is the worker told when to come to work and when to leave?

2. Is the worker given specific instructions on how to perform his or her duties?
3. Is the worker given specific instructions in regards to where to go during the workday?
4. Does the worker have to report to a specific location every day he or she works?
5. Is the worker subject to internal human resources policies and procedures?

Of course, there are other questions, but if the answer to the queries above are “yes,” then that person is generally considered an employee and not an independent contractor.  This is the central issue in the burgeoning controversy involving Fedex and its drivers, who have been classified as independent contractors, even though the answers to the questions above, when applied to these drivers, is generally “yes.” 

If you would like to gain an understanding of how your rights may be affected by this issue, contact a Fedex overtime attorney at Pulaski & Middleman for a free initial consultation.