No. 108,526.

335 P.3d 66 (2014)

Carlene M. CRAIG, Leo Rittenhouse, Jeff Bramlage, Lawrence Liable, and Kent Whistler, Appellants, v. FEDEX GROUND PACKAGE SYSTEM, INCORPORATED, Appellee.

Supreme Court of Kansas.

October 3, 2014.

Attorney(s) appearing for the Case

Steve Six , of Stueve Siegel Hanson LLP, of Kansas City, Missouri, argued the cause, and Beth A. Ross and Sandy N. Nathan , of Leonard Carder, LLP, of Oakland, California, Robert I. Harwood and Matthew M. Houston , of Harwood Feffer, LLP, of New York, New York, Susan E. Ellingstad , of Lockridge Grindal Nauen P.L.L.P., of Minneapolis, Minnesota, and George A. Barton and Stacy A. Burrows , of The Law Offices of George A. Barton, P.C., of Kansas City, Missouri, were with him on the briefs for appellants.

James D. Oliver , of Foulston Siefkin LLP, of Overland Park, argued the cause, and Jonathan D. Hacker , of O'Melveny & Myers LLP, of Washington, D.C., Robert M. Schwartz , of O'Melveny & Myers LLP, of Los Angeles, California, and J. Timothy Eaton , of Shefsky & Froelich Ltd., of Chicago, Illinois, were with him on the brief for appellee.

Greg L. Musil and Amy E. Morgan , of Polsinelli PC, of Overland Park, James C. Sullivan , of Kansas City, Missouri, and Richard Pianka , of ATA Litigation Center, of Arlington, Virginia, were on the brief for amici curiae American Trucking Associations, Inc. and Kansas Motor Carrier Association.

Justin McFarland , deputy general counsel, of Kansas Department of Labor, was on the brief for amicus curiae Lana Gordon, State of Kansas Secretary of Labor.

The opinion of the court was delivered by PER CURIAM:

The United States Court of Appeals for the Seventh Circuit requests our answers to two certified questions regarding the proper classification of FedEx Ground Package System, Inc. (FedEx) delivery drivers under the provisions of the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. Specifically, the Seventh Circuit inquires:

"1. Given the undisputed facts presented to the district court in this...

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