Calif. — A group of line-haul FedEx Truck drivers, who were paid based on mileage, filed a wage lawsuit against their company for failing to pay adequate wages under the California Labor Code. Specifically, the drivers allege that FedEx failed to pay them for nondriving activities performed during a trip, and did not provide meal and rest breaks and accurate wage statements. The drivers are seeking for a federal court to certify their class status.
Class Certification Issue
The company contested the class certification and argued that each individual driver had differing wage-related circumstances which would prevent the resolution of the dispute for the whole class. However, the federal magistrate judge recommended class certification because she found that FedEx had a company-wide policy of providing mileage pay for non-driving activities. Additionally, the judge found that FedEx applied this policy uniformly. Based on the magistrate’s recommendation, a federal court will likely get final class certification to move forward with the lawsuit.
Notably, in 2012, a California state court reached the opposite conclusion and decertified a class of California truck drivers who alleged that mileage pay for both driving and non-driving activities violated the California labor code. In Carson v. Knight Transportation, the court found that the mileage pay system was not per se illegal, and that the drivers’ claims in that case would require an individualized inquiry into each driver’s claim to determine the terms of the employment agreement between the driver and the company.
Mileage pay for Non-driving Activities
The FedEx truck drivers in this case were paid a mileage-based rate covering both driving and non-driving duties to transport a shipment. They allege that since they are paid per mile, they are only paid for their driving activities, but not for non-driving activities such as fueling, vehicle inspections, or detention time. These non-driving activities, according to the lawsuit, are not covered by the mileage pay and deserve separate compensation.
The final result of the case will depend on the court’s interpretation of California law. California requires that employees be compensated at the contractual hourly rate for each hour worked. Here, there is no dispute that FedEx policy was to pay employees per mile for both driving and non-driving activities: however, whether that policy means that FedEx is not required to separately compensate for non-driving activities, regardless of the policy, is a question that the court must resolve.
If you believe that your employer is not properly paying you for the hours you work, including any overtime, you may have a valid wage claim. Our knowledgeable team of wage and overtime lawyers can be reached at (855) 754-2795. You may also complete our Free Unpaid Overtime Case Review form and our legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. Time is limited for filing wage and overtime complaints so it is important to call today!