Case Comment
Alexander v. FedEx Ground Package System, Inc., 765 F.3d 981 (9th Cir. 2014)
Employment law cases often present one particularly vexing issue: whether a worker should be classified as an employee or an independent contractor. Under California law, this determination relies primarily on the common-law “right-to-control” test along with several secondary factors. In Alexander v. FedEx Ground Package System, Inc., the Ninth Circuit Court of Appeals considered whether FedEx delivery drivers were misclassified as independent contractors under California’s multi-factor right-to-control test. A three-judge panel of the Ninth Circuit concluded that FedEx drivers should have been classified as employees.
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