The Kansas Supreme Court just issued an opinion that hundreds of truck drivers who delivered packages were employees and not independent contractors. This has huge tax, benefit and healthcare repercussions for FedEx.

According to the court, the drivers sued FedEx alleging they were improperly classified as independent contractors under the law. The drivers are seeking to recoup retroactive costs and expenses, as well as overtime. The state court issued the opinion in response to a request from the Seventh Circuit Court of Appeals, which is considering appeals in 20 class-action suits, including the one in Kansas. All those had been decided in FedEx’s favor.

The Kansas court’s opinion is a setback for FedEx in a long-running dispute between it and some delivery drivers about whether they were contractors or employees before the company changed its business model in 2011, when it started contracting with corporations that employed drivers. In August, a panel of the Ninth Circuit Court of Appeals also ruled against the company in a similar case that the company is appealing. The bottom line is that one must carefully document an the agreement and be honest in abiding by it.

At the law firm of William A. Miller we can help draft an independent contractor agreement and explain the benefit or danger of such. Call Bill at 602-319-6899 to discuss it or stop by for a visit at 8170 North 86th Place Suite 208 Scottsdale, Arizona 85258.

A California judge has extended, yet again, the start of a class-action, antitrust claim involving 64,000 current and former Silicon Valley tech workers. U.S. District Court Judge Lucy Koh set an April 9 start date for the trial and if it goes, it will be huge news.

Apple, Google, Intel & Adobe are accused of conspiring not to recruit each other’s tech employees, therefore, suppressing wages in the mid 2000’s. The implications to this are monumental. I cannot imagine that the claims will ever see the light of the courtroom.

The four companies have appealed Koh’s rejection of a $324.5 million settlement proposed by both sides. The Ninth U.S. Circuit Court of Appeals, based in San Francisco, could reject the appeal or overrule Koh by ordering her to approve the settlement.

At the law firm of William A. Miller in Scottsdale Arizona we handle many types of commercial and employment cases. Over the 27 we have been in business, we have referred a number of class action claims to prominent lawyers. We have also had the occasion to argue before the Ninth Circuit Court of Appeals. Please call Bill direct at 602-319-6899 if you have a business, real estate or antitrust claim.

The firm has been actively representing litigants for over 27 years. We are located in Scottsdale, Arizona at 8170 North 86th Place, Suite 208. 85258 or can be reached with questions at bmiller@williamamillerpllc.com or call 602-319-6899.

We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

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