Because fedex settles almost all the cases before a trial, they are never forced to face state oversight. The states don't care if driver's are misclassified as long as they get their tax dollars.
In California, an exception was made to the labor laws for the uber, door dash, etc types as long as they were given some protection like worker's comp, and a guarantee of at least minimum wage earnings after expenses and paid waiting time. The drivers got to keep their feeling of independence by keeping the right to set their own hours. Many of them forgot that the company could just decide to use 'contractors' who would just work whenever the company wanted. If you can set your own availability, but the company decided to never use you, what good is flexible hours??????