UPDATE: FedEx Wins 'Significant' Court Ruling Over Driver Status
December 14 2010 - 9:23PM
Dow Jones News
FedEx Corp. (FDX) said Tuesday it had won another round in a
legal battle to maintain the employment status of its U.S. delivery
drivers and avoid a potentially hefty rise in operating costs and
possible damages.
The shipping and delivery group is being sued by a group of
drivers seeking union representation in more than 20 states. They
claim they have been improperly classified as independent
contractors rather than company employees, and were excluded from
some benefits. The suits were consolidated into a single
class-action case in Indiana, and Judge Robert Miller Jr. ruled
Tuesday that in 20 of the 28 cases before him, plaintiffs were
independent contractors. The court ruled against the FedEx Ground
delivery unit in three cases, while the company claimed a partial
victory in some of the remaining ones.
"We are very pleased with today's significant rulings from the
Federal District Court in Indiana in favor of FedEx Ground related
to the independent contractor business model," the company said in
a statement. Lawyers for the drivers were not immediately available
for comment.
The uncertainty spawned by the legal battle has seen some
analysts estimate that FedEx could have faced a multi-billion
dollar bill if it had to reclassify drivers as employees, eroding
what is seen as a competitive advantage it has over rival United
Parcel Service Inc. (UPS), whose drivers are represented by the
Teamsters. The use of independent contractors by FedEx Ground has
long been the target of complaints and legal action by critics, who
contend the strategy was designed to save money by denying
legitimate employee benefits.
The final outcome of the various lawsuits and state
administrative actions will determine if FedEx could be forced to
pay hundreds of millions of dollars more to cover such costs as
operating expenses and pension and health-care benefits.
FedEx has maintained it doesn't have a significant exposure.
Executives, who in recent months have said they were "winning" the
legal battle, are expected to be quizzed on the development when it
reports quarterly earnings Thursday.
The company doesn't have an unblemished record in defending the
independent-contractor model. In late 2008, for instance, FedEx
agreed to pay $26.8 million to settle a California lawsuit after a
state court ruled that 203 current and former drivers were
employees and not contractors.
FedEx also has tinkered with its independent-contractor model in
some states, such as Maryland and New Hampshire, by moving to a
so-called "independent service provider" model whereby drivers
operate in larger territories and negotiate independent
agreements.
The company's shares were down three cents at $93.30 in after
hours trading.
-By Doug Cameron, Dow Jones Newswires; 312-750-4135;
doug.cameron@dowjones.com
--Bob Sechler contributed to this article.
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