FALSE CLAIMS ACT—SETTLEMENT... - VitalLaw.com
By Jeffrey H. Brochin, J.D. Settlement reached in FCA lawsuit against CVS Pharmacy, Inc. (CVS) that alleged that Code 1 prescriptions were filled without proper diagnoses or documentation resultin...
Twelve workers allege the delivery giant controls their work but classifies them as contractor employees
A dozen delivery drivers claim FedEx built a shell game with contractors to dodge overtime pay despite controlling nearly every aspect of their jobs.
The workers filed an amended complaint in Pennsylvania federal court on October 27, attacking what they say is a workaround designed to keep FedEx from having to treat them as employees entitled to time-and-a-half wages.
At the heart of the case is FedEx Ground Package System Inc.'s use of what it calls independent service providers. Under this arrangement, FedEx doesn't hire drivers directly. Instead, it contracts with these middleman companies, which then employ the drivers to deliver FedEx packages along FedEx routes to FedEx customers.
The drivers say the setup is a fiction. Despite technically working for the intermediaries, they allege they answer to FedEx in every meaningful way.
According to the filing, FedEx dictates what equipment drivers must carry in their vans, what uniforms they must wear, and even personal grooming standards. The company assigns every package, sets delivery deadlines, and monitors whether each drop-off meets FedEx standards for success. Drivers start and end their days at FedEx terminals under the watch of FedEx managers.
When customers complain about a driver's performance, those complaints go straight to FedEx, which decides what happens next. And if FedEx wants a driver gone, it can...
By Jeffrey H. Brochin, J.D. Settlement reached in FCA lawsuit against CVS Pharmacy, Inc. (CVS) that alleged that Code 1 prescriptions were filled without proper diagnoses or documentation resultin...