Craig v. Fed Ex Ground Package System, Inc.

OPINION and ORDER

ROBERT L. MILLER, JR., District Judge.

This matter is before the court on FedEx’s motion for partial summary judgment seeking dismissal of the plaintiffs’ ERISA claims for failure to exhaust administrative remedies. The plaintiff drivers brought this class action suit against FedEx pursuant to ERISA’s denial of benefit provision, 29 U.S.C. § 1132(a)(1)(B) (ERISA § 502(a)(1)(B)). They claim FedEx violated ERISA by misclassiiying them as independent contractors instead of employees and so wrongfully denied them the right to participate in six different employee benefit plans.…