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FedEx Delivery Drivers are Independent Contractors

Earlier this week, in FedEx Home Delivery v. NLRB (D.C. Cir. April 21, 2009), the U.S. Court of Appeals for the D.C. Circuit ruled that FedEx Home Delivery drivers were independent contractors, and not employees under the National Labor Relations Act.

In reaching its decision, the court noted that the drivers appeared to share many “characteristics of entrepreneurial potential,” such a being able to use their trucks for any personal or commercial purpose, to serve multiple routes, to hire and fire their own drivers, and to assign their contractual rights to delivery routes without obtaining the company’s permission.

This decision is significant because the D.C. Circuit utilized an “entrepreneurial” standard for the “independent contractor” test under the NLRA, instead of the multi-factor common-law test.