FedEx Ground Package System, Inc.

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About This Case

Getman, Sweeney & Dunn and Basch & Keegan represent the named plaintiffs in a class and collective action on behalf of delivery drivers who drove for FedEx in New York.

The lawsuit claims that FedEx failed to pay Plaintiffs the minimum wage for all hours worked, failed to pay overtime wages for hours worked in excess of 40 hours per week; failed to pay spread of hours pay; failed to provide wage notice; and failed to provide accurate wage statements. Plaintiffs seek unpaid overtime and minimum wages as secured by the Fair Labor Standards Act and the New York State Labor Law, liquidated (double) damages, prejudgment interest at the rate of 9%, and costs and attorneys’ fees, as well as other legal and equitable relief pursuant to state and federal 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.

How to Join This Case

If you drove for FedEx as a delivery driver in New York state at any time since August 23, 2020, you are eligible to join. You can join by completing this online Consent to Sue form or by printing this PDF Consent to Sue form, completing it, and mailing it to Getman, Sweeney & Dunn.

Answers to Common Questions

What claims are covered in this case?

The case covers claims for minimum wage and overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under New York State Labor Law. The specific violations claimed are that FedEx failed to pay the minimum wage for all hours worked and overtime wages for all hours worked over 40 in a workweek to its delivery drivers. 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 worked more than 40 hours in a workweek. Examples of these types of vehicles include a Ford Transit Connect, Freightliner Sprinter, RAM Promaster, or Mercedes-Benz Sprinter.

Under the New York Labor Law, if delivery drivers didn’t drive a vehicle with a gross vehicle weight rating of less than 10,001, then they are entitled to be paid compensation at a wage rate of one and one-half times the basic minimum hourly rate.

Additionally, it is claimed that FedEx failed to pay its drivers spread of hours pay required under NY state law for shifts more than 10 hours. The spread of hours pay applies when the delivery driver works more than 10 hours in a day and earned a minimum wage or less for each hour worked. In this situation, the delivery driver is due an additional hour’s worth of pay at the minimum wage. Finally, it is also claimed that the delivery drivers did not receive a wage notice and the pay statements provided by FedEx did not include the accurate number of hours worked or pay earned, in violation of NY law. The Court has not made any determination as to liability.

What damages are sought?

Damages sought under the FLSA include back minimum and 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 an online Consent to Sue.

Damages sought under the New York Labor law include back overtime wages at the rate of time-and-one-half the prevailing minimum wage, 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 online 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 the case?

If you choose to join this collective action, you can do so by completing an online Consent to Sue form or printing a PDF version, completing it, and sending it to Getman, Sweeney & Dunn for filing.

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. You can complete an online Consent to Sue or print this PDF, fill it out, and send it to Getman, Sweeney & Dunn for filing.

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, Defendant would be liable for damages, at least 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 covers delivery drivers who worked in New York State.