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FedEx Driver to Deliver Misclassification Claim to Jury

Sept. 21, 2017, 5:18 PM

A FedEx driver in Massachusetts can try to persuade a jury that he should have been classified as an employee rather than an independent contractor under state law (Schwann v. Fedex Ground Package Sys., Inc., 2017 BL 331845, D. Mass., No. 1:11-cv-11094, 9/20/17).

There’s conflicting evidence about whether the prongs of the state’s multifactor test show that driver Clayton Schwann is an employee or an independent contractor, Judge Denise Casper of the U.S. District Court for the District of Massachusetts said. Schwann said the company owes him minimum wage and overtime, which he’s entitled to as an employee....

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