Few things are more important to the American ideal than the dignity of work. Though we've had a rocky road toward enacting fair labor laws and robust enforcement of such laws, all Americans believe that workers should be treated and compensated fairly for work that they do.
For years, the FedEx Corporation has made a mockery of our nation's commitment to fair labor practices. The corporation has deliberately misclassified its FedEx Ground drivers as "independent contractors" in an effort to fatten its bottom line and circumvent federal anti-discrimination laws.
But an October 15 decision by a federal judge in Indiana to grant class-action status to thousands of FedEx drivers suing for owed wages and benefits may signal the beginning of the end of this controversial practice.
At issue in the case is whether or not the contractors should be considered FedEx employees, and entitled to all the protections and benefits associated with it.
Currently, FedEx employs approximately 15,000 so-called independent contractors, but the number of litigants in the class action suit could balloon to 20,000.
Misclassifying drivers as independent contractors allows FedEx to wiggle out of paying health insurance, pension benefits and complying with labor laws. This means the contractors do not have the right to unionize nor are they protected by federal employment laws. Contractors are in no-man’s land because they are neither their own bosses nor do they have the legal rights of FedEx employees.
Workplace rights are civil rights. American Rights at Work and the Leadership Conference on Civil Rights released a report, FedUp with FedEx: How FedEx Ground Tramples Workers’ Rights and Civil Rights, late last month that highlights the civil rights implications of FedEx’s practices and contains a number of personal testimonies from FedEx employees.
Bottom line?
FedEx's tactics are part of a larger effort on their part to stymie union organizing.
Just a few weeks ago, FedEx paid a settlement of $253,000 to five former or present drivers to settle charges of illegally harassing and intimidating the drivers.
FedEx had also allegedly terminated the contracts of four of the drivers to prevent a local union election in Northboro, Massachusetts.
What we need from Congress is a commitment to fair labor practices. Civil rights groups and labor are united in our call for Congress to strengthen labor and employment laws to make it more difficult for companies like FedEx to misclassify workers. Legislation like the Employee Free Choice Actwould restore fairness to the process by which employees choose union representation and go a long way toward protecting the nation’s workers from unscrupulous employers.