Worker initiates class action against FedEx demanding overtime wages

By Carol Ostrow | Aug 4, 2015

PITTSBURGH - A FedEx employee is filing a class action complaint against the Allegheny County-based company claiming wage discrimination beginning in 2012.

Sanel Hodzic of Pittsburgh sued FedEx Package System Inc. of Coraopolis on behalf of himself and similarly situated individuals in the U.S. District Court Western District of Pennsylvania on June 29, claiming Fair Labor Standards Act violations originating for himself in September 2013, when he was hired by the defendant.

According to the complaint, FedEx drivers were intentionally misclassified as independent contractors by the defendant for the purpose of avoiding fair compensation. The lawsuit cites previous cases supporting the claim that drivers are employees and subject to FLSA regulations and protections.

The suit states that drivers regularly work more than 40 hours weekly but that FedEx does not pay them an overtime rate, in reckless disregard of the FLSA. The lawsuit defines the putative class members as any employees who have worked for the defendant within the past three years.

Hodzic seeks monetary damages of unpaid overtime wages, liquidated damages, interest, attorneys’ fees, and court costs. He is represented by Peter Winebrake, R. Andrew Santillo and Mark Gottesfeld of Winebrake & Santillo in Dresher; Harold Lichten, Shannon Liss-Riordan and Matthew Thompson of Lichten & Liss-Riordan in Boston; and Robert DeRose of Barkan Meizlish in Columbus, Ohio.

U.S. District Court Western District of Pennsylvania Case 2:15-cv-00956-NBF

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