Stoll Berne attorney Steve Larson represented Oregon drivers for FedEx Ground in a class action alleging that FedEx Ground misclassified the drivers as independent contractors, but treated them like employees. The initial complaint was filed in 2005. The trial court certified the case to proceed as a class action in 2008. In 2010, the trial court granted a motion for summary judgment in favor of FedEx Ground finding that the drivers were not misclassified. In 2014, the Ninth Circuit appellate court reversed the trial court’s decision and ruled as a matter of law that the drivers were employees. The ruling made way for drivers to proceed to trial to recover overtime and improperly deducted business expenses. In 2016, the case settled for $15.45 million. Several drivers received settlement checks in excess of $100,000. The Ninth Circuit’s opinion can be found at Slayman v. FedEx Ground, 765 F.3d 1033 (9th Cr. 2014).
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