Reply to thread

Message: <blockquote data-quote="Maui" data-source="post: 4370527" data-attributes="member: 45037">You are partially correct. Kelly was settled. The settlement set forth the relationship between contractors and FedEx and that drivers were not FedEx employees. The case was dismissed with prejudice. There is no legal barrier to the FXG model.“The court hereby DISMISSES with prejudice this action, specifically including the Released Claims, with each party to bear its own costs and attorney's fees, except as provided below. The court incorporates the Class Action Settlement Agreement [Doc. No. 2650-1] by reference in this order.As set forth in the Settlement Agreement, "Released Claims" means all claims, actions, causes of action, administrative claims, demands, debts, damages, penalties, costs, interest, attorneys' fees, obligations, judgments, expenses, or liabilities, in law or in equity, whether now known or unknown, contingent or absolute, which: (i) are owned or held by the plaintiffs and class members and/or by their affiliated business entities (if any), or any of them, as against Releasees, or any of them; (ii) arise under any statutory or common law claim which was asserted in this lawsuit or, whether or not asserted, could have been brought arising out of or related to the allegations of misclassification of plaintiffs and class members as independent contractors set forth in the operative complaint; and (iii) pertain to any time in the Release Period. The  Released Claims include any known or unknown claims for damages and injunctive relief. The Released Claims include but are not limited to claims under The <a href="https://casetext.com/statute/consolidated-laws-of-new-york/chapter-labor/article-6-payment-of-wages/section-193-deductions-from-wages" target="_blank">New York Labor Law § 193</a> et seq., the Declaratory Judgment Act, <a href="https://casetext.com/statute/united-states-code/title-28-judiciary-and-judicial-procedure/part-vi-particular-proceedings/chapter-151-declaratory-judgments/section-2201-creation-of-remedy" target="_blank">28 U.S.C. § 2201</a>, and common law claims for fraud, breach of contract, rescission, unjust enrichment, or declaratory judgment. The release excludes claims arising under the Employee Retirement Income Security Act of 1974, <a href="https://casetext.com/statute/united-states-code/title-29-labor/chapter-18-employee-retirement-income-security-program/subchapter-i-protection-of-employee-benefit-rights/subtitle-a-general-provisions/section-1001-congressional-findings-and-declaration-of-policy" target="_blank">29 U.S.C. §§ 1001</a> et seq. Further definitions of "Released Claims" can be found in Sec. I, para. S of the Settlement Agreement [Doc. No. 2650-1]. "Releasees" means: "(a) [FedEx Ground], and its consolidated subsidiaries, successors, predecessors, assigns, affiliates, parent companies, shareholders, officers, directors, agents, insurers, attorneys, and employees; and (b) [FedEx Ground's] past, present, and future shareholders, officers, directors, agents, employees, attorneys, and insurers." (Settlement Agreement, Sec I, para. T). "Release Period" refers to the time period from October 27, 1998 through April 30, 2016. (Settlement Agreement, Sec. I, para. U). [Doc. No. 2650-1]. D. Upon the entry of this order, the plaintiffs and all class members shall be deemed to have fully, finally, and forever released, relinquished, and discharged all Released Claims against all Releasees. "Class members" include "All persons who: 1) entered into a FedEx Ground or FedEx Home Delivery Form Operating Agreement (now known as OP-149 and Form OP-149-RES); 2) drove a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) from October 27, 1998 through October 15, 2007 to provide package pick-up and delivery services pursuant to the Operating  Agreement; and 3) were dispatched out of a terminal in the state of New York." [Doc. No. 2650-1]. To the extent additional individuals are identified who qualify as class members under the terms of the settlement agreement, they will be bound by this order. E. Upon the entry of this final approval order, the plaintiffs and all class members are barred and enjoined from asserting, filing, maintaining, or prosecuting, or in any way participating in the assertion, filing, maintenance or prosecution, of any action asserting any Released Claim against any of the Releasees, as set forth in and in accordance with the terms of the settlement agreement. Nothing in this order shall in any way impair or restrict the right of the parties to enforce the terms of the settlement.”</blockquote>

Verification