Project Description

The Court of Appeals for the Ninth Circuit in California, reversing a California District Court, has held that FedEx drivers in California are employees, not independent contractors under California’s “right to control” test.  The tests used to evaluate whether a worker is an employee or independent contractor are generally comprised of 10 factors.  One of the principal tests is whether the person/company to whom the service is rendered has the right to control the manner and means of accomplishing the result desired.  If the person/company to whom the service is rendered to has the right to control, then it will most likely be an employee relationship rather than an independent contractor relationship.  The Court of Appeals found that FedEx has the right to control its drivers, noting that FedEx controls the appearance of its drivers and their vehicles, the times its drivers work, and aspects of how and when drivers deliver their packages.  To read more about the court decision in its entirety, please click here.