Court rules against FedEx in drivers' labor case
Employment Law
A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
The decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals on Wednesday covered drivers who worked for FedEx between 2000 and 2007. Similar lawsuits were filed in about 40 states before 2009.
A lawyer for the drivers estimated that they could receive at least $250 million in back pay and damages if the ruling stands up.
The judges said that under California law, the drivers were employees because FedEx controlled how they did their work. They had to wear company uniforms, drive approved trucks, and follow other company procedures.
FedEx said it will appeal to the full appeals court in San Francisco. FedEx general counsel Cary Blancett said that other courts had upheld contract language with "thousands" of independent contractors.
The Memphis, Tennessee-based company said that since 2011, it has only contracted with incorporated businesses that treat drivers as their employees. It also said it will shift to new service agreements in California, Oregon, Washington and Nevada.
In their lawsuit, the drivers sought back pay for overtime, expenses, punitive damages and attorney costs. That would total more than $75,000 for each of the drivers in the original lawsuit, according to filings.
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Can my trucking injury case be filed in Illinois?
If you have been injured in a truck driving accident, you may be wondering whether your worker’s comp case can be filed in Illinois. For an injured truck driver, this is an important question to ask, as the jurisdiction of the case can end up having a big impact on your benefits.
There are three main scenarios in which the Illinois Worker’s Compensation Commission would have jurisdiction over a trucking injury:
-If the accident took place in Illinois, If the employer is principally located in Illinois, or If the contract for hire is in Illinois
This means that a truck driver whose home terminal is in Illinois can make a claim for workers comp benefits in Illinois even if they were injured while on the road in another State. It also means that truck drivers who get hurt while passing through Illinois can file a claim in Illinois, even if their employer is located in another state.
If you have been injured on the road, and you are unsure where and how to file your workers comp claim, call us at (312)-726-5567 to begin your consultation. We can advise you whether Illinois is the right state to file for you. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.