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SLAYMAN v. FEDEX GROUND PACKAGE SYSTEM, INC.

Nos. 12-35525, 12-35559.

765 F.3d 1033 (2014)

Edward SLAYMAN; Dennis McHenry; Jeremy Brinker; Jon Leighter; David Spicer, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FEDEX GROUND PACKAGE SYSTEM, INC., dba Fedex Home Delivery, Inc., Defendant-Appellee. Edward Slayman; Dennis McHenry; Jeremy Brinker; Jon Leighter; David Spicer, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. FedEx Ground Package System, Inc., dba Fedex Home Delivery, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2014.

Attorney(s) appearing for the Case

Mark. A. Friel , Steve Douglas Larson , Scott Alden Shorr (argued), Stoll Berne, Portland, Oregon, for Plaintiffs-Appellants/Cross-Appellees.

Jonathan Hacker (argued), O'Melveny & Myers LLP, Washington, D.C.; Anton Metlitsky , O'Melveny & Myers LLP, New York, NY; Robert Schwartz and Scott Voelz , O'Melveny & Myers LLP,Los Angeles, CA, for Defendant-Appellee/Cross-Appellant.

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

Before: ALFRED T. GOODWIN, STEPHEN S. TROTT, and WILLIAM A. FLETCHER, Circuit Judges.

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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