Washington Court of Appeals Overturns FedEx Overtime Verdict

In late-December 2010, the Washington Court of Appeals overturned the defendant’s verdict in Randy Anfinson, et al. v. FedEx Ground Package System, Inc.. The case, reported at 344 P.3d 32, involved the claims of FedEx package delivery drivers who asserted the FedEx had misclassified them as independent contractors as exempt from the overtime pay provisions of the Washington Minimum Wage Act. The Court of Appeals held that the trial court erred by failing to use the “economic realities test” in instructing the jury on the factors to be applied in determining whether a worker is an “employee” under the state law. The Court rejected FedEx’s argument that a worker’s employment status should be determined based on the more employer-friendly “right to control” test.

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