FedEx Corp. is facing a proposed class action from current and former delivery drivers who claim the company misclassified them as "independent service providers" despite working under FedEx’s control. The employees' suit alleges the shipping company has illegally withheld overtime pay despite the plaintiffs meeting federal eligibility standards under the Fair Labor Standards Act (FLSA).
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“In Mitsui, the Seventh Circuit held that the exclusion unambiguously applies to biometric information and therefore precludes the insurer’s duty to defend or indemnify the BIPA class action,” U.S. District Judge John F. Kness wrote.
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