When employees are illegally classified as independent contractors they lose valuable benefits and rights that are only provided to employees. For example, employment laws don't require employers to pay overtime or even the minimum wage to independent contractors. Companies also are also not required to provide independent contractors with many employee benefits, which state and federal laws required employers to give to employees.
There are state and federal laws that prohibit companies from misclassifying employees as independent contractors, because it deprives employees of their rights under the laws. These laws include:
To determine if workers are independent contractors or employees by law, courts examine the degree of control employers have over the workers. They also examine the degree of independence the workers have from their employers. With respect to the Fed Ex Ground and Fed Ex Home drivers, Federal Express clearly had complete control over the workers. These drivers were not able to make independent decisions about any aspect of their day to day jobs.
Companies that are found guilty of independent contractor vs. employee misclassifications, might have to pay back wages and issue retroactive employee benefits to the misclassified independent contractors. Company officials can even be subject to criminal charges.
Misclassified independent contractors can file a lawsuit against employers for back wages and retroactive benefits to which their correctly-classified employee counterparts were entitled. Misclassified independent contractors can also collect penalty money from employers, along with reimbursement for legal expenses.
If you have been classified as an independent contractor while working at Federal Express you may have valuable legal rights. Contact Mark & Associates, P.C. today to have a lawyer evaluate your case for free.
All inquiries and consultations will be kept absolutely confidential. It is unlawful for FedEx to retaliate against you for involvement in this case. You can request a free case evaluation by submitting a lawsuit evaluation form on the right side of this page or by calling 1-866-50-RIGHTS (1-866-507-4448).