Legal Opinion

Scovil v. FedEx Ground Package System, Inc.

District Court, D. Maine

Decided September 16, 2011No. 1:10-CV-515-DBHPublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER ON PLAINTIFFS’ MOTION FOR CONDITIONAL CERTIFICATION

D. BROCK HORNBY, District Judge.

Current and former delivery drivers in Maine for FedEx Ground Package System, Inc. and its division FedEx Home Delivery (collectively “FedEx”) have brought this lawsuit alleging that FedEx has violated the Fair Labor Standards Act (“FLSA”) by misclassifymg them as independent contractors and, as a result of the misclassifieation, has failed to pay them overtime for all hours worked in excess of 40 hours per week. The drivers have moved to certify this action conditionally as a collective…

2Cases cited11 opinions

  1. Desert Palace, Inc. v. CostaSupreme Court of the United States · 2003
  2. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  3. 68 Fair empl.prac.cas. (Bna) 421, 32 fed.r.serv.3d 994, 42 Fed. R. Evid. Serv. 752 Robert R. Mooney v. Aramco Services Co., Arabian American Oil Co., James Elliott McMillan Raymond v. Aberle v. Aramco Services Co., Arabian American Oil Co., Thomas F. Kaus, Raymond v. Aberle v. Aramco Services Co., Arabian American Oil Co., Arthur G. Brunst, Raymond v. Aberle v. Arabian American Oil Co., Robert Olson, Raymond v. Aberle v. Arabian American Oil Co., John R. Richards, Raymond v. Aberle v. Arabian American Oil Co., William v. Ozolin, Kenneth O. Olson v. Arabian American Oil Co.Court of Appeals for the Fifth Circuit · 1995
  4. Kim Comer v. Wal-Mart Stores, Inc.Court of Appeals for the Sixth Circuit · 2006
  5. Sandoz v. Cingular Wireless LLCCourt of Appeals for the Fifth Circuit · 2008

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3Cited by7 opinions

  1. Roy v. FedEx Ground Package Sys., Inc.District Court, District of Columbia · 2018
  2. Walker v. HongHua America, LLCDistrict Court, S.D. Texas · 2012
  3. Heeg v. Adams Harris, Inc.District Court, S.D. Texas · 2012
  4. Romero v. Clean Harbors Surface Rentals USA, Inc.District Court, District of Columbia · 2019
  5. Dyse v. HealthAll Consulting LLCDistrict Court, D. Massachusetts · 2020

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