From Transport Topics, Eric Miller reports that the U.S. Court of Appeals for the District of Columbia said that Fedex drivers were independent contractors and not employees for the purpose of the National Labor Relations Board (NLRB). Eric writes
An appeals court has ruled that FedEx Ground Package System drivers working out of a terminal in Hartford, Connecticut, are independent contractors and not employees of the package carrier.
In a decision earlier this month, the U.S. Court of Appeals for the District of Columbia Circuit vacated a decision by the National Labor Relations Board that the FedEx drivers in Hartford were “statutorily protected employees.”
But the appeals court referenced an earlier ruling of FedEx drivers working out of Wilmington, Massachusetts, are independent contractors as defined in the National Labor Relations Act.
“Both cannot be right,” the D.C. appeals court said. “Having already answered this same legal question involving the same parties and functionally the same factual record in FedEx I, we give the same answer here. The Hartford single-route FedEx drivers are independent contractors to whom the National Labor Relations Act’s protections for collective action do not apply.”
The NLRB has recently been more active in looking at the classification of workers as employees or independent contractors. See NLRB Adopts New Test for Independent Contractor Misclassification