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Welcome

This website provides information about a proposed settlement concerning all individuals who signed a FedEx Ground Pickup and Delivery Contractor Operating Agreement to provide service in California sometime during the period between November 17, 2000 and October 15, 2007, and those who may have personally worked as a full-time driver under that contract between November 17, 2000 and the present.

WHAT THE CASE IS ABOUT

The people who brought the suit, the 'Plaintiffs', are seventeen drivers who operated FedEx Ground or FedEx Home Delivery routes. The Plaintiffs sued FedEx Ground Package System, Inc. (the 'Defendant'). The Plaintiffs brought the lawsuit on behalf of themselves and a class of other pcikup and delivery drivers who, like them, signed contracts with FedEx Ground to operate FedEx Ground or Home Delivery routes in the State of California.

This lawsuit is about whether FedEx Ground misclassified pickup and delivery drivers as independent contractors rather than as employees, and failed to provide them with legal rights that employees have under California law. In the operative Complaint, Plaintiffs seek to recover Class-wide damages for, among other things, unreimbursed employment expenses, illegal wage deductions, and failure to provide meal and rest periods, as well as unpaid overtime pay for individuals driving trucks weighing less than 10,001 pounds, interest, civil penalties, attorneys' fees and costs. FedEx Ground maintains that the independent contractor classification is appropriate and denies that it has broken any laws.

STATUS OF THE SETTLEMENT

September 2017 Update on the Status of the Class Settlement and the Appeals:

Oral Argument Scheduled for December 2017

The Ninth Circuit Court of Appeal (“Ninth Circuit”) will hear oral argument on Henrik Zohrabians’ objections to the settlement on December 7, 2017 at 9am in San Francisco.   At the argument, a panel of three (3) judges will hear from all sides of the case as they look to make their decision whether they believe that the trial court correctly decided that the settlement was fair and should become final.  Because this argument is scheduled, there are unlikely to be any significant developments in the case until after the Ninth Circuit issues its ruling.  While we do not know when this will happen, most cases are decided within 3 to 6 months after a hearing, which means we may get a final decision in Spring or Summer 2018.  This decision may be subject to further review.

About the Appeal

There were initially two (2) appeals filed by FedEx Drivers who did not agree with the U.S. District Court’s June 2016 decision to grant final approval of the settlement. The payments that would have been sent out in mid-August 2016 have not been distributed because of these appeals, which were filed with the Ninth Circuit by FedEx Drivers Henrik Zohrabians and Rafick El-Hani.  Mr. El-Hani has dismissed his appeal, but the appeal filed by Mr. Zohrabians is continuing.  The settlement cannot become final until after the resolution Mr Zohrabian’s, either by decision following oral argument, or by Mr. Zohrabians’ voluntary dismissal.

If Mr. Zohrabians’ loses the appeal, the settlement will become final and the Settlement Administrator will issue the settlement payments to the class. Mr. Zohrabians would also have other options to continue - he could request that his case be heard in front of a larger panel of 11 judges in the Ninth Circuit. He could also ask for US Supreme Court review. If he makes either request, it will take more time to finalize the appeal.

If Mr. Zohrabians’ wins his appeal, the settlement will not become final, no settlement payments will be made, and the lawsuit will likely be sent back to the trial court in San Francisco for additional proceedings.

Listening to the Oral Argument

If you would like to hear the Oral arguments and are unable to come to the court, they are live streamed to You Tube and will be accessible through the Court’s website: https://www.ca9.uscourts.gov/media/live_oral_arguments.php

If you cannot listen at the time of the hearing, Oral arguments will be available for free at: https://www.ca9.uscourts.gov/media/ (the name of the case is Dean Alexander v. FedEx Ground Package System).

Keep Your Address and Other Contact Information Up to Date

Please make sure to update both Rust Consulting and our offices at Leonard Carder if you change your address or any of your contact information. It is important that we have your up-to-date contact information at all times so that we can keep you updated and so that Rust Consulting can mail your settlement check if the settlement becomes final. Please call (800) 711-1958 and (510) 272-0169 with any contact information updates.

Important deadlines

July 18, 2016

Last day for appeal of the Court’s Final Approval Order

May 27, 2016

Last day to file a Claimant Identification Form to participate in the Settlement

April 7, 2016

Final Approval Fairness Hearing 

Settlement Administrator contact information

ALEXANDER V FEDEX SETTLEMENT ADMINISTRATOR



C/O RUST CONSULTING INC - 4920



PO BOX 2396 



FARIBAULT MN 55021-9096

Toll-Free Number: (800) 711-1958

Link to NFL.com

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