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SCHWANN v. FEDEX GROUND PACKAGE SYSTEM, INC.

No. 15-1214.

813 F.3d 429 (2016)

Clayton SCHWANN, individually and on behalf of a class of all others similarly situated; Thomas Leduc, individually and on behalf of a class of all others similarly situated; Ramon Heleodoro, individually and on behalf of a class of all others similarly situated; James E. Duggan, individually and on behalf of a class of all others similarly situated; Eric Vitale, individually and on behalf of a class of all others similarly situated; Muchirahondo Phinnias, individually and on behalf of a class of all others similarly situated; Temistocles Santos, individually and on behalf of a class of all others similarly situated; Robert Sangster, individually and on behalf of a class of all others similarly situated; Jeff Baylies; Lawrence Adams, Plaintiffs, Appellants, Marvin Santiago, individually and on behalf of a class of all others similarly situated; Manuel Montrond, individually and on behalf of a class of all others similarly; Serrulo Fernandez Dejesus, individually and on behalf of a class of all others similarly situated; Wan Pyo Cong, individually and on behalf of a class of all others similarly situated; Leon Hector, Plaintiffs, v. FEDEX GROUND PACKAGE SYSTEM, INC., d/b/a FedEx Home Delivery, Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 22, 2016.

Attorney(s) appearing for the Case

Harold L. Lichten , with whom Shannon Liss-Riordan and Lichten & Liss-Riordan, P.C. were on brief, for appellants.

Peter Sacks , State Solicitor, with whom Maura Healey , Attorney General of Massachusetts, and Elizabeth N. Dewar , Assistant State Solicitor, were on brief, for the Massachusetts Attorney General, amicus curiae.

William M. Jay , with whom James C. Rehnquist , Kate E. MacLeman , and Goodwin Procter LLP, were on brief, for appellee.

Before LYNCH, STAHL, and KAYATTA, Circuit Judges.

Plaintiffs here are individuals who contracted with Defendant FedEx Ground Package System, Inc. ("FedEx") to provide so-called first-and-last mile pick-up and delivery services. They claim that FedEx should have treated and paid them as employees in certain respects, rather than as independent contractors, because FedEx cannot...

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