FedEx Delivery Workers’ Overtime Pay Claims Greenlighted

FedEx Ground lost its bid to bring an early end to a proposed class action alleging it shortchanged more than 100 New Mexico delivery workers on overtime pay, after the District of New Mexico ruled an exception for “flat rate” employees doesn’t apply.

Fernandez Martinez alleges that FedEx drivers and runners are paid a “day rate” whereby they earn the same amount of money regardless of how many hours they work in a day, which results in employees working more than 40 hours per week with no overtime pay.

FedEx argued that an exception in New Mexico Minimum Wage Act ...