Fighting for Fair Pay

FedEx Ground Package System, Inc.

About This Case

Getman, Sweeney & Dunn and Basch & Keegan represent the named plaintiffs in a potential class and collective action on behalf of delivery drivers who worked in New York under an independent service provider (ISP) that contracted with FedEx Ground Package System (“FedEx Ground”). As explained further below, the lawsuit claims that FedEx Ground is a joint employer with the delivery drivers’ independent service providers (ISPs), and FedEx Ground (through the ISPs) failed to pay overtime wages for hours worked in excess of 40 hours per week under the Fair Labor Standards Act and New York Labor Law; failed to pay minimum wages and spread of hours pay under the New York Labor Law; and failed to provide a wage notice upon hiring and accurate wage statements under the New York Labor Law. The complaint was filed on August 23, 2023, in the Federal District Court for the Southern District of New York. You can see the complaint by clicking here. FedEx Ground denies that it has done anything wrong and denies that it employed delivery drivers. This case is at an early stage, and there has not been a decision by the Court as to whether Plaintiffs are correct that FedEx Ground is the joint employer of delivery drivers who worked under service providers, or that FedEx Ground owes any wages. There has also not been any settlement reached.

How to Join This Case

If you worked as a delivery driver for an independent service provider that contracted with FedEx Ground in New York state at any time since August 23, 2020, worked more than 40 hours in a workweek, and drove a vehicle with a gross vehicle weight rating of less than 10,001 pounds, then, under the Fair Labor Standards Act, you may be eligible to join. You also have the right to choose your own attorney.

Answers to Common Questions

What claims are covered in this case?

FAIR LABOR STANDARDS ACT (FLSA) The case covers claims for overtime pay under the federal Fair Labor Standards Act or “FLSA”. Under the FLSA, delivery drivers are due overtime wages in any workweek in which they drive a vehicle with a gross vehicle weight rating of less than 10,001 pounds, and they work more than 40 hours in a workweek. Examples of the types of vehicles with gross vehicle weight rating of less than 10,001 pounds include: Ford Transit Connect; Freightliner Sprinter; RAM Promaster; or a Mercedes-Benz Sprinter. The complaint that was filed on August 23, 2023 also included minimum wage violations under the FLSA, however, we are amending that complaint and removing the FLSA minimum wage violations. The New York Labor Law provides for greater protections and a higher minimum wage.

NEW YORK LABOR LAW CLAIMS (NYLL) Unpaid Overtime: Under the New York Labor Law, or “NYLL”, delivery drivers are entitled to overtime pay under two scenarios. First, like the FLSA, if they drive a small vehicle (a vehicle with a gross vehicle weight rating of less than 10,001 pounds), and work more than 40 hours in a workweek, then they are due overtime pay at time and one-half their regular rate. Second, even if delivery drivers don’t drive a small vehicle, they must receive at least one and one-half times the New York minimum wage rate for overtime hours worked. If they’re paid less than that, then it’s an overtime pay violation under the NYLL. Unpaid Minimum Wages: In New York State, the minimum wage rate varies depending on your geographical region. The minimum wage has also steadily increased over the past few years. Please see the chart below which lists the minimum wage rate from 2018 through 2024 by region. If you have any questions about this, you should contact Getman, Sweeney & Dunn. Chart depicting the minim wage in New York by region, over time period from December of 2017 to the present. Spread of Hours Pay: Additionally, it is claimed that delivery drivers were not paid spread of hours pay required under NY state law for shifts more than 10 hours. Spread of hours applies when a delivery driver worked more than 10 hours per day and earned the minimum wage or less for each hour worked. If a delivery driver works more than 10 hours per day, then that driver is due an additional hour’s worth of pay at the minimum wage. Wage Notices and Statements: Finally, under the NYLL, this case claims that delivery drivers did not receive accurate wage notice and accurate pay statements.

What damages are sought? Damages sought under the FLSA include unpaid overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back two or three years from when someone affirmatively joins the case by filing a Consent to Sue. Damages sought under the New York Labor law include back overtime wages, an additional hour of pay at the minimum wage for each shift worked greater than 10 hours, an equal amount of liquidated damages, prejudgment interest at the rate of 9%, and fees and costs for each violation, up to $5,000 in damages for wage notice violations, and up to $5,000 in damages for the pay statement violations.

How far back can claims be made? Generally, under the FLSA, you are entitled to make claims for the period extending back two or three years from the date your consent to sue form is filed with the court. A defendant may argue that any alleged violations were not willful and that claims should only be limited to a two-year period preceding the filing of your Consent to Sue. This two- or three-year period is called the “statute of limitations.” Claims under the New York State Labor law go back six years from the filing of the complaint.

How do I join this case? If you choose to join the FLSA part of this action, you can do so by completing an online consent to sue form. The Court has not yet approved that this case can proceed as a class or collective action. By signing the Consent to Sue form, you will be indicating your intent to participate directly in the FLSA claim asserted in this case. In the event that the Court denies Plaintiffs’ request to proceed as a collective action, your individual FLSA claim may be dismissed without prejudice. At this time, the Court has not decided whether the New York Labor Law Claims will proceed on behalf of all drivers, or only the named Plaintiffs in this case.

Do I have to pay to join the case? Getman, Sweeney & Dunn, PLLC and Basch & Keegan are handling this case on a contingent basis and will only be paid if we win through a settlement or final judgment.

Can I wait to file my Consent to Sue form? You are not part of the FLSA case until your Consent to Sue is filed. If you delay in filing the Consent to Sue or do not bring your own case, part or your entire claim may be barred by the statute of limitations.

Can the Defendant fire me or take action against me for joining the case? The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, an employer might be liable for damages, double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases because an employer can incur damages, including back wages, liquidated damages, and punitive damages.

What locations are covered by this lawsuit? This case seeks to cover delivery drivers who worked in New York State for independent service providers that contracted with FedEx Ground.

Case Inquiry

Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that completing this form does not establish an attorney-client relationship. For information on joining the case, please see the "How to Join this Case" section.

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