FedEx Ground Warehouse Employees Owed Overtime for Duties Outside Shifts, Class Action Says
Kaplan v. FedEx Ground Package System, Inc.
Filed: November 7, 2023 ◆§ 231101024
FedEx Ground faces a class action that claims it has failed to pay hourly employees proper overtime wages for time spent undergoing COVID and security screenings outside of each shift.
Pennsylvania
FedEx Ground Package System, Inc. faces a proposed class action that claims it has failed to pay hourly employees proper overtime wages for time spent undergoing COVID and security screenings outside of each shift.
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The nine-page lawsuit was filed by a former employee who alleges that the company has violated the Pennsylvania Minimum Wage Act (PMWA) by failing to pay him the required time-and-a-half rate for overtime hours worked in excess of 40 in a week.
The suit relays that the plaintiff, a Pennsylvania resident, worked as a package handler at a FedEx Ground distribution facility from around January 2020 to September 2023. The man claims he often worked over 40 hours—and sometimes over 50 hours—per week during various weeks since November 2020.
According to the case, the company required the plaintiff and other workers to undergo both a COVID and security screening at a building on the premises before walking to the distribution warehouse and clocking in to begin each shift. In addition, after clocking out at the end of each shift, employees were required to submit to an anti-theft screening outside the warehouse, the complaint says.
The filing contends that the company failed to pay workers for the time they spent performing these mandatory pre- and post-shift duties despite it being considered compensable time under the PMWA. As such, the plaintiff and other package handlers are owed proper overtime wages for weeks during which they worked over 40 hours, the case claims.
The lawsuit looks to represent anyone who, during at least one week since November 7, 2020, has been employed by FedEx Ground at any Pennsylvania facility as a package handler, seasonal package handler or any similar hourly position entailing loading, unloading and sorting packages, and has been credited with working over 40 hours.
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