The old saying, “If you first don’t succeed, try and try again,” certainly applies to FedEx Corp. It took three attempts, but the $227-million settlement by FedEx with California FedEx Ground drivers, who said the company misclassified them as independent contractors, has finally received preliminary approval. U.S. District Court Judge Edward Chen requested only minor changes to the class notice before approving the settlement last month.
In August, the judge had postponed ruling on the settlement, saying he was concerned about asking the Plaintiffs to release their meal and rest break claims. Although the parties returned with a revised settlement in September, Judge Chen once again put off taking action after an aspiring intervenor claimed the settlement wasn’t fair to some drivers who allegedly didn’t receive breaks. Judge Chen has now satisfied his concerns and granted his approval.
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