Summary of the Lawsuit
This lawsuit alleges that FedEx Corporation violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide compensation or paid leave to employees who took short-term military leave from FedEx since 2004.
Summary of the Claims
Under USERRA, employees who take military leave must receive the same rights and benefits during such military leave as other employees who take comparable forms of leave and military leave must be treated no less favorably than other types of leave that are provided by the employer to its employees.
The Complaint alleges that FedEx violated USERRA by providing paid leave to FedEx employees who take jury duty, sick leave and bereavement leave and not providing paid leave to FedEx employees who take short-term military leave. As a result of this violation, FedEx employees who are also servicemembers have received less compensation during their short-term military leave than employees who took other comparable forms of leave.
Class Action Allegations
This lawsuit is brought on behalf of the following persons:
Current and former employees of FedEx Corporation (including any of its subsidiaries) (“FedEx”) who took short-term military leave (periods of 30 days or less) from their employment with FedEx at any time from October 10, 2004 through the date of judgment in this action and during that short-term military leave were not paid the compensation they would have earned had they continued to work their ordinary work schedules for FedEx.
Excluded from the Class are all former or current employees who previously reached settlements with or judgments against FedEx in their individual USERRA actions concerning FedEx’s failure to pay compensation to employees during periods of short-term military leave.
Status of the Litigation
The Class Action Complaint was filed on December 24, 2019. The Amended Class Action Complaint was filed on March 19, 2020.
Defendant filed the Motion to Dismiss and Motion to Transfer Venue on April 3, 2020. The Court denied the Motion to Transfer on May 18, 2020. The Court granted the Motion to Dismiss on July 20, 2020.
Plaintiff filed a Notice of Appeal on August 18, 2020. The case is currently on appeal in the United States Court of Appeals for the Third Circuit. The appeal is fully briefed and oral argument was held on March 16, 2021.
On August 10, 2021, the Third Circuit issued a decision that reversed the District Court’s dismissal and remanded the case to the lower court for further proceedings.
Whom to Contact for More Information
If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons: