Disputes over vehicle weight, overtime pay practices, and joint employment status kept a delivery driver’s wage claims alive against FedEx.
A delivery driver presented enough evidence for a jury to find that FedEx Ground Package System, Inc., may have improperly denied overtime pay by misclassifying him as exempt despite workweeks routinely exceeding 40 hours, prompting a federal court in Vermont to deny summary judgment on federal and state-law wage claims. The court concluded that factual disputes remained over the weight of vehicles the driver operated, whether FedEx jointly employed him through intermediary service providers, and whether his flat weekly pay was intended to compensate only the first 40 hours worked (Gensoli v. FedEx Ground Package System, Inc., No. 2:25-cv-00829 (D. Vt. May 15, 2026)).
Exemption defense. The driver worked in Vermont between April 2017 and April 2018 for two independent service providers that contracted with FedEx to deliver packages. FedEx uses businesses referred to as Independent Service Providers, or ISPs, whose employees pick up and deliver packages under agreements requiring the ISPs to treat drivers as their own employees. According to the driver, he generally worked between 50 and 60 hours per week and received a flat weekly rate that eventually increased from $620 to $700. He later brought federal and state wage claims alleging that he was improperly denied overtime compensation.
FedEx sought summary judgment on all claims,...
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