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<blockquote data-quote="dmac1" data-source="post: 3493348" data-attributes="member: 60252">In this case, there is no real difference in whether you drive over/under 10k as far as whether fedex drivers are employees of fedex, except that in this case they are asking for OT pay. In another case, it might be the FICA tax/witholding issue. In this case, the OT is the issue, thus only under 10k. So that&#039;s where the class eligibility was drawn. Fedex could solve that one issue easily by requiring only vehicles over 10k, but then that adds more control.And you can&#039;t say that you treat your drivers with no regard for fedex demands, and those demands, whether contracted or not, give fedex some measure of control over even tyour employees, no matter how great you are. I&#039;ve been through 3 cases where CONTROL is the main issue, and fedex lost all three. Even where I hired, paid, set routes(withing fedex limits), supplied vehicle(again within fedex limits), &#039;my&#039; drivers were determined to be fedex employees, and fedex never fought it. The court saw the ISP plan as just a cover for fedex avoiding responsibility.</blockquote>

[QUOTE="dmac1, post: 3493348, member: 60252"] In this case, there is no real difference in whether you drive over/under 10k as far as whether fedex drivers are employees of fedex, except that in this case they are asking for OT pay. In another case, it might be the FICA tax/witholding issue. In this case, the OT is the issue, thus only under 10k. So that's where the class eligibility was drawn. Fedex could solve that one issue easily by requiring only vehicles over 10k, but then that adds more control. And you can't say that you treat your drivers with no regard for fedex demands, and those demands, whether contracted or not, give fedex some measure of control over even tyour employees, no matter how great you are. I've been through 3 cases where CONTROL is the main issue, and fedex lost all three. Even where I hired, paid, set routes(withing fedex limits), supplied vehicle(again within fedex limits), 'my' drivers were determined to be fedex employees, and fedex never fought it. The court saw the ISP plan as just a cover for fedex avoiding responsibility. [/QUOTE]

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