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ALEXANDER v. FEDEX GROUND PACKAGE SYSTEM, INC.

Nos. 12-17458, 12-17509.

765 F.3d 981 (2014)

Dean ALEXANDER; Peter Allen; Albert Anaya; Suzanne Andrade; Jarrett Henderson; Ely Ines; Jorge Isla; Paul Infantino; Erik Jeppson; Gupertino Magana; Bernard Mendoza; Jesse Padilla; Joey Rodriguez; Dale Rose; Allan Ross; Agostino Scalercio; Dean Wiley; Anthony Ybarra, on behalf of themselves and all persons similarly situated, Plaintiffs-Appellants, v. FEDEX GROUND PACKAGE SYSTEM, INC., dba FedEx Home Delivery, Defendant-Appellee. Dean Alexander; Peter Allen; Albert Anaya; Suzanne Andrade; Jarrett Henderson; Ely Ines; Jorge Isla; Paul Infantino; Erik Jeppson; Gupertino Magana; Bernard Mendoza; Jesse Padilla; Joey Rodriguez; Dale Rose; Allan Ross; Agostino Scalercio; Dean Wiley; Anthony Ybarra, on behalf of themselves and all persons similarly situated, Plaintiffs-Appellees, v. FedEx Ground Package System, Inc., dba FedEx Home Delivery, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2014.

Attorney(s) appearing for the Case

Beth A. Ross (argued), Aaron D. Kaufmann , and Elizabeth C. Morris , Leonard Cardner, LLP, Oakland, CA; and Ellen Lake, Oakland, CA, for Plaintiffs-Appellants/Cross-Appellees.

Jonathan Hacker (argued), O'Melveny & Myers LLP, Washington, D.C.; Anton Metlitsky , O'Melveny & Myers LLP, New York, NY; Chris Hollinger , O'Melveny & Myers LLP, San Francisco, CA; Carolyn Kubota and Robert Swerdlow , O'Melveny & Myers LLP, Los Angeles, CA, for Defendant-Appellee/Cross-Appellant.

Richard Pianka , Arlington, VA, for Amici Curiae American Trucking Associations, Inc., and California Trucking Association.

Opinion by Judge W. Fletcher; Concurrence by Judge Trott.

OPINION

W. FLETCHER, Circuit Judge:

As a central part of its business, FedEx Ground Package System, Inc. ("FedEx"), contracts with drivers to deliver packages to its customers. The drivers must wear FedEx uniforms, drive FedEx-approved vehicles, and groom themselves according to FedEx's appearance standards. FedEx tells its drivers what packages to deliver, on what days, and at what times. Although drivers may operate multiple delivery routes and hire third...

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