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UPDATE:  
AN APPEAL HAS BEEN FILED IN THIS MATTER WITH THE SEVENTH CIRCUIT COURT OF APPEALS:
Tofaute et. al. v. FedEx Ground Package Systems, Inc., Case No. 17-2400. 

Six of the seven named plaintiffs in New Jersey, represented by Objector Counsel Greg Kohn, file a Notice of Appeal of the judgment in this action.  As a result of this filing, the judgment is not final for purposes of the settlement agreement and FedEx is not required to pay any of the New Jersey settlement funds.  There have been reports from New Jersey Class members that they have been told they will receive their settlement payments despite the filing of the New Jersey appeal.  This is inaccurate. The New Jersey settlement will not be funded by FedEx until the New Jersey appeal is resolved, which could take another 1-2 years.

The Notice of Appeal can be viewed by clicking on "Court Documents."

IS YOUR ADDRESS AND CONTACT INFORMATION UP TO DATE? If you have moved or your mailing address has changed during the last 6 months, please be sure to contact Rust Consulting at (866) 591-7258 and Class Counsel with your current address to ensure that you receive your settlement payment.

This website provides information about a proposed settlement concerning all individuals who were a FedEx Ground or FedEx Home Delivery Pickup and Delivery Driver in the State of New Jersey and had an Operating Agreement at any time between May 19, 1999 and October 15, 2007. 

The people who brought the suit, the 'Plaintiffs', are seven contractors who operated FedEx Ground or FedEx Home Delivery routes. The Plaintiffs sued FedEx Ground Package System, Inc. (the 'Defendant'). The Plaintiffs brought the lawsuit on behalf of themselves and a class of other pickup and delivery drivers who, like them, signed contracts with FedEx Ground to operate FedEx Ground or Home Delivery routes in the State of New Jersey.

 

This lawsuit is about whether FedEx Ground misclassified pickup and delivery drivers as independent contractors rather than as employees, and failed to provide them with legal rights that employees have under New Jersey law. In the operative Complaint, Plaintiffs seek to recover classwide compensation for, among other things, illegal wage deductions and unreimbursed employment expenses. FedEx Ground maintains that the independent contractor classification is appropriate and denies that it has broken any laws.

Settlement Administrator Contact Information:

TOFAUTE V FEDEX SETTLEMENT ADMINISTRATOR
C/O RUST CONSULTING INC - 5235
PO BOX 2537
FARIBAULT MN 55021-9537
TOLL-FREE NUMBER: (866) 591‐7258

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