September 2014

Overdrive Magazine | Trucking Business News & Owner Operator Info

Issue link: http://read.dmtmag.com/i/376180

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Page 14 of 109

September 2014 | Overdrive | 13 Text INFO to 205-289-3555 or visit www.ovdinfo.com It made the same ruling in June in a similar case brought against Affinity Logistics, and it ruled in July that drivers for Penske Logistics were subject to California meal and rest break laws. Circuit Judge William Fletcher issued the majority opinion in the FedEx case, overturning a lower court's ruling in FedEx Ground's favor. Fletcher and the other two judges on the panel said the drivers' contractor status did not stand up to Califor- nia's "right-to-control" test. FedEx Ground said it is seeking a review of the decision, which would take it to the Supreme Court. The 9th Circuit's ruling stems from FedEx Ground's control over the drivers in question. The company required a certain amount of on-duty time each day, required them to wear uni- forms, dictated facial hair configurations and required them to drive FedEx-brand- ed trucks. The 9th Circuit ordered the case be sent back to a lower court to determine the amount to award to the plaintiffs and the class. – James Jaillet PRIME INC.'S POLICY requiring same-sex trainers is discriminatory, a U.S. district court in Springfield, Mo., ruled last month. Prime instituted the policy in 2004 after a sexual harassment case was filed by three female truckers. The Spring- field-based company has 6,700 company drivers and owner-opera- tors but had fewer than five female trainers in March 2012.

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