Delivery Driver Secures $35,000 Settlement From FedEx Ground Contractors

FedEx van parked on street

John A. DeGasperis, Esq., a partner at Basch & Kegan, LLP, recently recovered a $35,000 settlement for an Ulster County man who delivered packages for a FedEx Ground contractor. This case centered on allegations that FedEx Ground and its contractors had violated New York State’s labor laws by failing to pay the delivery driver a fair wage.

This Basch & Keegan client had approached John to discuss a possible discrepancy with respect to his wages. He came to me with a basic “wage and hour claim”. Little did I know that it might lead to a class action lawsuit.”

The delivery driver was not paid an overtime rate of pay, nor was he paid in conformance with New York’s spread of hours mandate. The employers were also altering the driver’s paystubs to conceal that he had worked more than forty hours every week.

John went to work and filed suit against FedEx Ground and the companies that FedEx Ground contracted with for the delivery of FedEx Ground packages. The complaint alleged minimum wage violation (New York Labor Law § 663); overtime rate of pay violations (12 NYCRR § 142-2.2); spread of hour violations (12 NYCRR § 142-2.2); and notice and record keeping violations (Labor Law § 195 and 12 NYCRR § 142-2.6).

Not surprisingly, FedEx Ground and its contractors put up a fight. “They denied wrongdoing at first, but the evidence was clear. They settled before depositions,” said John.

This case sparked John’s curiosity as to possible other labor law violations. John has undertaken a large-scale investigation to help all similarly aggrieved FedEx Ground Delivery Drivers. If you delivered packages for FedEx Ground (or FedEx Ground Contractors) during the last six years, you may qualify to join our growing class. Fill out the form below to get started or call us at 845-338-8884. Our FedEx specialist is waiting.

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  • John A. DeGasperis Recovered $310,000 in a Supplemental Underinsured Motorist Claim Read More

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