FedEx sued for not paying contract worker overtime

Michelle Massey, East Texas Bureau Apr. 10, 2008, 2:36am

William Hommel Jr.

MARSHALL -- Independent contract delivery driver Rodolfo Perez believes FedEx intentionally did not pay his overtime in violation of the Fair Labor Standards Act.

Perez filed suit against FedEx Ground Package System Inc. on April 8, in the Marshall Division of the Eastern District of Texas.

Although Perez was a signed contract delivery driver, he believes he should be considered an employee of FedEx because the company controlled the performance of his activities.

The plaintiff believes that FedEx violated Fair Labor Standards Act and other regulations for classifying him as an independent contractor, rather than an employee and failing to pay one and one-half times his regular rate for all hours he worked in excess of 40 hours in a workweek.

Perez is seeking unpaid wages, liquidated damages, damages for breach of contract, court costs and attorney fees.

Tyler attorney William S. Hommel Jr. is representing the plaintiff.

Jury trial is requested. Judge T. John Ward is assigned to the litigation.

The plaintiff has provided consent for the case to enter the FedEx Ground Package System's employment practices multidistrict litigation for pretrial proceedings. U.S. District Judge Robert L. Miller Jr. of the Northern District of Indiana is presiding over the litigation.

Case No. 2:08cv00152

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