September 2014 |
Overdrive
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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.
