Court Rules That FedEx Drivers Are Common Law Employees

Posted on October 30, 2014

In a recent case from California, the Ninth Circuit held that FedEx Ground Packaging System, Inc., inappropriately classified approximately 2,300 delivery drivers as independent contractors rather than as employees. The Court held that under California law, the drivers were considered to be common law employees because FedEx regulated how the drivers did their work.

Is your employer treating you as an independent contractor even though you should be treated as an employee?

According to Common Law rules, evidence as to the degree of control and independence are determined by three factors: behavioral, financial and type of relationship.
Each situation is different and a business or employee can file a Form SS-8 and the IRS will review and make their determination.

Before you contact the IRS, call us, we can help.

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