United States First Circuit
Schwann v. Fedex Ground Package Sys, Inc., 15-1214
In a suit brought by individuals who contracted with FedEx to provide so-called first-and-last mile pick-up and delivery services, claiming FedEx should have treated and paid them as employees in certain respects, rather than as independent contractors, because FedEx cannot satisfy all three necessary requirements under the Massachusetts Independent Contractor Statute, Mass. Gen. Laws ch. 149 section 148B(a), the district court judgment is: 1) affirmed as to the holding that the express preemption provision of the Federal Aviation Administration Authorization Act of 1994 (FAAAA), 49 U.S.C. section 14501(c)(1), preempts the application of one of those requirements to FedEx; and 2) reversed as to the holding that the preempted requirement is severable from the two remaining requirements of the Massachusetts Statute.
Appellate Information
- Decided
- Published 2016/02/22
Judges
- KAYATTA
Court
- United States First Circuit