FedEx Delivery Drivers Are Employees – Not Independent Contractors

In Alexander v. FedEx Ground Package Sys., Inc., 2014 U.S. App. LEXIS 16585 (9th Cir., Aug. 27, 2014), the Ninth Circuit held that under California’s Right-To-Control Test, the FedEx drivers were “employees” and not independent contractors.  Specifically, the court found that FedEx controlled the manner and means by which the drivers completed their jobs, and that FedEx controlled: the appearance of the drivers and their vehicles, the times the drivers could work, how and when packages were delivered, and required the drivers to comply with FedEx’s “standards of service” and “Safe Driving Standards.”

This decision will likely result in huge overtime wage, minimum wage, and other Labor Code violation claims against companies that misclassify their employees as independent contractors.