News & Analysis as of

FedEx

Zapproved LLC

Court denies spoliation sanctions despite party’s clear failure to preserve

by Zapproved LLC on

Barrett v. FedEx Custom Critical, Inc., No. 3:17-CV-62 (CDL), 2018 WL 1722385 (M.D. Ga. Apr. 9, 2018). In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the...more

Zapproved LLC

Court Finds 193 GB Ediscovery Request Within Scope of This ‘Big Case’

by Zapproved LLC on

Equal Emp’t Opportunity Comm’n v. FedEx Ground Package Sys., Inc., No. 2:15-cv-256 (W.D. Pa. Mar. 21, 2018). In this extensive employment discrimination case, the court denied the defendant’s motion to preclude discovery...more

Seyfarth Shaw LLP

Leave It To California – Post FMLA/CFRA/PDL Leave and FEHA

by Seyfarth Shaw LLP on

When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map....more

McDermott Will & Emery

Great Minds Don’t Always Think Alike: License Limitations Must Be Explicit

by McDermott Will & Emery on

In addressing whether a non-exclusive copyright licensee was permitted to use a commercial printing service in furtherance of its “non-commercial” rights granted by a public license, the US Court of Appeals for the Second...more

Fox Rothschild LLP

Eight Steps To Avoid Getting Sued Over Your Investigation

by Fox Rothschild LLP on

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims....more

Husch Blackwell LLP

The Top 150 U.S. Postal Service Contractors In Fiscal Year 2017

by Husch Blackwell LLP on

As part of our postal industry practice, we annually compile a list of the Top 150 USPS Suppliers FY 2017 based on data received under the Freedom of Information Act. Here are the results....more

Jackson Lewis P.C.

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

by Jackson Lewis P.C. on

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

Locke Lord LLP

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

by Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

Stinson Leonard Street - Dodd-Frank and the...

New Tax Bill Unleashes Flood of SEC Disclosures

The new tax bill awaiting President Trump’s signature has unleashed a flood of disclosures in SEC filings. The new bill was unartfully renamed “To provide for reconciliation to titles II and V of the concurrent resolution on...more

Parker Poe Adams & Bernstein LLP

USERRA Requires Bonus Payment to Reservist Who Missed Training

The Uniformed Services Employment and Reemployment Rights Act (USERRA) imposes on employers the strictest requirements of any federal leave law. Reservists, National Guard members, and other employees who leave work for...more

Locke Lord LLP

September 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

Locke Lord LLP

August 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month was unusually “slow” in terms of developments in the law of independent contractor misclassification and compliance. There was no blockbuster court decision or lawsuit filed, although one interesting...more

Winthrop & Weinstine, P.A.

R-Word Looking Scandalous in Maryland

by Winthrop & Weinstine, P.A. on

Daniel Snyder, NFL owners, FEDEX, and other NFL sponsors, take note, breaking news from courageous Neal M. Brown, Ed.D., Head of School, Green Acres School in Bethesda, Maryland, about twenty miles from FEDEX Field...more

Pepper Hamilton LLP

April 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

Lewitt Hackman

FRANCHISEE 101: Special Delivery

by Lewitt Hackman on

For a relationship to meet the legal definition of a "franchise" in some jurisdictions, the franchisor must give significant assistance to, or have significant control over, the franchisee's business. A franchisor's...more

Shipman & Goodwin LLP

Employment Law Letter - Spring 2017

by Shipman & Goodwin LLP on

Some time ago, the U.S. Department of Labor announced a focus on what it saw as a workplace trend, namely the characterization of people performing functions that are an integral part of the employer’s business (not plumbers...more

Carlton Fields

Class Representatives Do Not Hold Veto Power Over Class Settlement

by Carlton Fields on

In In re FedEx Ground Package Sys., Inc. Employment Practices Litig., No. 3:05-CV-595 RLM, 2017 WL 632119 (N.D. Ind. Feb. 14, 2017), only one of a total of seven class representatives signed off on accepting a proposed class...more

Genova Burns LLC

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

by Genova Burns LLC on

Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but...more

Pepper Hamilton LLP

March 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

Parker Poe Adams & Bernstein LLP

Mandatory Disclosure of Prescription Drug Use May Violate ADA

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

Genova Burns LLC

The D.C. Circuit Vacates NLRB Ruling on Driver Status in FedEx Case

by Genova Burns LLC on

In early March 2017, the D.C. Circuit in FedEx Home Delivery v. NLRB, 2017 U.S. App. LEXIS 3826 (D.C. Cir. 2017) vacated a National Labor Relations Board (“NLRB” or “the Board”) ruling that Connecticut FedEx drivers...more

McGuireWoods LLP

Court of Appeals Again Rejects National Labor Relations Board, Finds FedEx Ground Drivers Are Independent Contractors

by McGuireWoods LLP on

The U.S. Court of Appeals for the D.C. Circuit in a published opinion earlier this month emphasized that it means what it says. In 2009, the Court held in FedEx I that single-route FedEx drivers in Wilmington, Massachusetts...more

Dorsey & Whitney LLP

FedEx Can Keep On Copying for Creative Commons Licensee

by Dorsey & Whitney LLP on

Fed Ex Office and Print Services recently scored a victory in Great Minds v. FedEx Office and Print Services, Inc., securing dismissal of a copyright infringement action based on the copying of educational materials for...more

Pepper Hamilton LLP

FedEx Succeeds Again On Appeal of an NLRB Ruling on Independent Contractor Misclassification

by Pepper Hamilton LLP on

In the past 2-1/2 years, FedEx has suffered through some appellate court setbacks in the area of independent contractor misclassification, beginning with a decision by the U.S. Court of Appeals for the Ninth Circuit in San...more

Lane Powell PC

ERISA (10th Circuit): Does the ERISA Plan Breach Fiduciary Duties by Informing the Employer of an Employee/Disability Claimant’s...

by Lane Powell PC on

Can an ERISA plan administrator tell an employer about an employee’s substance abuse? Doesn’t that breach fiduciary duties to the employee/claimant? Probably not. Check the employer’s employment policies because an...more

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