In a class action case, Alexander v. FedEx Ground Package Sys., Inc., FedEx drivers claimed they were improperly classified as independent contractors and sought damages for unpaid wages, reimbursement for business expenses, and associated penalties.

The Ninth Circuit ruled in favor of FedEx and found that drivers were employees as a matter of law under California’s right to control test. The Ninth Circuit found that FedEx unambiguously controlled the manner and means by which the drivers complete their jobs.

For example, FedEx controlled the appearance of the drivers and their vehicles, the times the drivers could work, how and when packages were delivered, and required drivers to comply with FedEx’s “standards of service” and “Safe Driving Standards.”

The court rejected FedEx’s argument that it provided the drivers with “entrepreneurial opportunities” by giving them the ability to operate multiple routes and hire employees, because this could only be done with FedEx’s consent.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit if you have any questions regarding your rights at the workplace.


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