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Law360: FedEx Drivers Too Diverse To Be Class, Judge Says

June 3, 2022

US District Judge Otis D. Wright II denied former FedEx contractor Kawaski Corley’s motion to certify class claims accusing FedEx Ground Package System Inc. of misclassifying workers as independent contractors. Judge Wright determined that Corley, who drove for FedEx from 2008 to 2017, did not exhibit that California’s Labor Code protected trucking firms contracted by FedEx, which range from solo operators to firms with hundreds of employees. “A declaration that FedEx’s current and future conduct violates California law would not have any effect on Corley, as Corley no longer works for FedEx,” Judge Wright said. “Corley cannot show that putative class members’ classification continues to affect his present interest.” FedEx is represented by Christianna Kyriacou Mantas and Scott Voelz of O’Melveny and Myers LLP.

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