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McMillion & Hirtensteiner, LLP - Labor News

McMillion & Hirtensteiner, LLP's Labor News charts the latest developments in labor and legal issues with regular updates published as they are released to the media.

Friday, November 30, 2007

 

Teamsters Applaud California Supreme Court Ruling Against FedEx Ground

Teamsters Applaud California Supreme Court Ruling Against FedEx Ground

209 FedEx Ground Drivers to Receive Share of $11 Million Settlement

WASHINGTON, Nov. 30 /PRNewswire-USNewswire/ -- Teamsters General President Jim Hoffa commended the California Supreme Court for denying FedEx Corp.'s (NYSE:FDX) final appeal of lower court rulings determining that FedEx Ground's independent contractors are direct employees.

"Thanks to the California Supreme Court, FedEx is going to have to compensate these drivers for exploiting them for so many years under its bogus independent contractor model," said Teamsters General President Jim Hoffa. "FedEx's illegal model has been exposed and drivers across the country are standing up for their rights and proper compensation."

In August, the California Court of Appeals upheld a lower court ruling that the drivers are employees and not independent contractors. FedEx, in an attempt to limit future liabilities, responded in California by firing the drivers who were affected by the court decisions.

The 209 workers will receive a share of more than $11 million in repayments for expenses related to gas and insurance directly related to the execution of their jobs.

In addition to the California case, 150 FedEx Ground workers in South Bend, Indiana, are also challenging the company classifying them as independent contractors. A federal judge certified the class-action lawsuit in October that claims the company denied the drivers benefits and proper wages.

"It's game over for FedEx and its independent contractor scam," Hoffa said.

International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico.

First Call Analyst:
FCMN Contact:


Source: International Brotherhood of Teamsters

CONTACT: Galen Munroe of International Brotherhood of Teamsters,
+1-202-624-6911, gmunroe@teamster.org

Web Site:

http://www.teamster.org/


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Profile: labor-news


 

Professional Activists Continue to Mislead Public and Farm Workers About 'Penny-Per-Pound' Deals That Don't Exist

Professional Activists Continue to Mislead Public and Farm Workers About 'Penny-Per-Pound' Deals That Don't Exist

MAITLAND, Fla., Nov. 30 /PRNewswire/ -- The Florida Tomato Growers Exchange issued the following statement today about the scheduled protest in Miami organized by the Coalition of Immokalee Workers (CIW):

"CIW is using today's march in Miami to mislead the public about Florida's tomato industry in a desperate attempt to pressure Burger King into adopting a "penny-per-pound" deal that does not exist. There is no such arrangement in effect between producers and fast-food companies, which continue to buy Florida tomatoes.

The Florida Tomato Growers Exchange is concerned that the penny-per-pound scheme may violate federal and state laws related to antitrust, labor and racketeering, so our members have chosen not to participate in any pact in which a third party sets wages for their employees.

Growers who sold tomatoes to Taco Bell under the penny-per-pound deal last season are not participating in the deal this year. The now moot arrangement netted workers a small weekly amount so insignificant that many chose not to even cash the checks. The McDonald's deal never went into effect.

This season's payroll records show that Florida tomato harvesters' hourly pay ranged from $10.50 to $14.86, with an average of $12.46 per hour. The harvesters earn more than double the current federal minimum wage of $5.85 per hour and nearly double Florida's minimum wage of $6.67 per hour.

The farmworkers harvest tomatoes an average of 25 to 30 hours per week in addition to other tasks on the farm. For most workers, the tomato harvest in Florida is only part of the work they do during the year. Many move on to other regions to harvest other crops throughout the growing season.

There are more impactful ways to make a difference for tomato harvesters. Florida's tomato producers demonstrate social accountability by participating in comprehensive programs that certify employment, health, housing and safety practices. They undergo audits by third-party companies to ensure they provide a work environment for their employees that is free of hazard, intimidation, violence and harassment."

The Florida Tomato Growers Exchange is a private, voluntary and member- driven agricultural cooperative of Florida tomato growers. For more information, go to www.floridatomatogrowers.org and www.safeagemployer.org.


First Call Analyst:
FCMN Contact:


Source: Florida Tomato Growers Exchange

CONTACT: Reggie Brown of Florida Tomato Growers Exchange,
+1-407-660-1949, Reggie.brown@floridatomatogrowers.org

Web Site:

http://www.floridatomatogrowers.org/
http://www.safeagemployer.org/


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Profile: labor-news


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