Along with the Law Firm of Peter T. Nicholls and the Pollins Law Firm, we represent former Security Specialists (II, III, or Senior) in the above-referenced lawsuit against the Federal Express Corporation (“FedEx”) and FedEx Ground Package System, Inc. The Complaint alleges that the primary job duties of Security Specialists (II, III, or Senior) constitute work that is non-exempt from overtime pay. By way of example, their work duties included monitoring the sorting of packages and driver deliveries at Defendant’s warehouse/sorting facilities, conducting interviews, preparing incident reports conducting vehicle security audits, and maintaining and updating security files, reports, and caseload statuses in Defendant’s management systems. The Complaint further alleges that FedEx requires Security Specialists to work over forty (40) hours per week in order to complete all of their work. Instead of paying them overtime pay for all hours worked in excess of 40 hours per week, however, FedEx pays Security Specialists a salary and treats them as ineligible for overtime pay.
When originally filed on October 22, 2019, Plaintiff intended for this case to be a nationwide collective action and a class action under Pennsylvania state law. As such, Plaintiff moved for conditional certification of a nationwide collective and for notice to be disseminated to all eligible Security Specialists around the country. On December 23, 2020, the Court granted Plaintiffs’ motion for conditional certification but limited the putative collective to just Security Specialists that worked for FedEx in Pennsylvania. Plaintiff appealed this ruling to the Third Circuit, which affirmed the District Court’s ruling. Plaintiff then petitioned the United States Supreme Court to hear this issue, but the Supreme Court informed the parties in the spring of 2023 that it would not do so.
Since Plaintiff’s appeals have been unsuccessful, this case is limited to Security Specialists who worked in Pennsylvania. Court-authorized notice will be sent to eligible members in the near future. If you have any questions, please contact the case clerk, Tommy Navarre for more information, at 612-256-3238 or tnavarre@nka.com.
Finally, if you are current or former FedEx Security Specialist that works or worked outside of Pennsylvania and you believe that have similar claims to those of the members in the putative Fischer collective, please be aware that our firm is handling a similar case for Security Specialists who did not work in Pennsylvania. Please click here to learn more about this case.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 877-344-4628 today!
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Is This a Class Action? What Does that Mean?
This case is both a collective action under federal law and a potential class action under Pennsylvania state law. This means that, depending on the type of claim(s) you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.
Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. This case has been conditionally certified as a collective action. We have not yet asked the Court to certify the case a class action.
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Am I Eligible?
You may be eligible to make a federal law claim in this case if you worked for FedEx as a Security Specialist in Pennsylvania at any time since October 16, 2016 and were not paid overtime for the hours you worked in excess of 40 hours per week.
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Which Locations Are Included?
This case seeks to include all Security Specialists who work or have worked for FedEx in Pennsylvania since October 16, 2016.
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What Time Frame Does This Case Cover?
This case covers work that Security Specialists in Pennsylvania performed from October 16, 2016 to the present day.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove I Worked Overtime?
You do not need to have records of the hours you worked to make a claim in this case. If you do have records of the hours you worked, however, please preserve and keep them until we ask you for them. If FedEx did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, immediately contact the case clerk, Tommy Navarre, at 612-256-3238 or via email at tnavarre@nka.com.
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Is There Money Available Now?
No. This case was recently filed and is pending in federal court. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Do I Learn More?
To learn more, contact the case clerk, Tommy Navarre, at 612-256-3238 or via email at tnavarre@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.