Unfortunately, to save money, many transportation employers in California misclassify workers as independent contractors, making them ineligible for the same compensation and benefits that other employees receive.
If you believe this may be happening to you, ask yourself a few questions:
- Are you paid by an hourly rate or by each job?
- Are your work hours controlled?
- Could the employer operate the business without the work you are doing?
- Does the task or job require specific skills or expertise?
Recently, the Central Valley Business Times reported that the U.S. 9th District Court of Appeals ruled that more than 2,700 FedEx Ground and FedEx Home Delivery employees were misclassified as independent contractors under California law.
According to the Times, the drivers claimed in their lawsuit that they were denied benefits and possibly compensation due to the misclassification.
“Although our decision substantially unravels FedEx’s business model, FedEx was not entitled to ‘write around’ the principles and mandates of California Labor Law,” the appellate panel said in its ruling.
“The drivers must wear FedEx uniforms, drive FedEx-approved vehicles, and groom themselves according to FedEx’s appearance standards. FedEx tells its drivers what packages to deliver, on what days, and at what times. Although drivers may operate multiple delivery routes and hire third parties to help perform their work, they may do so only with FedEx’s consent,” the court said, according to the Times.
Who Should I Talk to About Job Misclassification?
If you experience what you believe to be job misclassification, contact our employment attorneys today. Troublesome staffing practices are bad for the public, as people miss benefits and compensation often found with permanent positions. Contact our office today to schedule a consultation.
Kesluk, Silverstein & Jacob—Los Angeles employment attorneys