Search for: "FedEx Corporation"
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17 Jul, 2008 8:34 pm
FedEx Corporation became the fourth major company this proxy season to reach an agreement with me
under which it adopted a pill-limiting bylaw. Under the new bylaw, any poison pill plan adopted by the board without prior stockholder ... . I also wish to thank again Greg Taxin and
Julie Gresham of Spotlight Capital Management for advising me on engagement with companies. The amended bylaws of FedEx, filed yesterday with
the SEC, and containing the new Section 13 of Article III, are available here.
9 Jan, 2008 6:25 am
From FedEx Corporation's most recent 10Q filing comes the following: "On December 20, 2007, the
Internal Revenue Service ("IRS") informed us that its audit team had concluded an audit for the 2002 calendar year regarding ... that we have strong defenses to the IRS's tentative
assessment and will vigorously defend our position, as we continue to believe that FedEx Ground's owner-operators are independent contractors.
Given the preliminary status of this matter, we cannot yet determine the amount or a ...
4 Jun, 2007 7:48 am
[JURIST] The US Supreme Court [official website; JURIST news archive] Monday granted certiorari [order list, PDF] in a case where the Court must decide whether an age discrimination
lawsuit against FedEx [corporate website] was filed properly. In FedEx v. Holowecki (06-1322)
[docket; cert. petition, PDF], FedEx seeks to overturn a Second Circuit decision [PDF text] that an "intake questionnaire"
28 Jul 12:41 am
[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Monday denied [opinion, PDF] FedEx Corporation [official website] employees suing over compensation the ability to gain class classification. The court's decision affirmed a decision by the US
District Court for the Southern District of Florida [official website] that the claims rested too heavily on factual
3 Apr, 2008 5:09 am
... was not warranted because "Whether FedEx Ground has the right to control its drivers within the meaning of Missouri agency law cannot be
resolved by simple reference to the Operating Agreements and corporate policies." Id., at 105. ... plaintiffs will turn their focus from the Operating Agreement to anecdotal
evidence and the experience of individual drivers." In re FedEx Ground, at 153. The court reminded plaintiffs' counsel that its rulings were
based on the assumption that "plaintiffs will not, ...
29 May 5:33 am
... workers, but those decisions had failed to capture exactly what was meant by "control." The court determined that its decision in Corporate Express Delivery Systems v. NLRB
more accurately captured the correct interpretation of "control" by ... test, while not making the inquiry purely mechanical, will at least make line drawing easier. In determining that
the FedEx drivers at issue in the case where actually independent contractors, the court focused on the fact that the drivers could set their
...
3 Aug 4:49 am
... ," and that if one did, "individualized inquiries would be necessary to determine the amount of time actually spent." Id., at 23. Additionally, FedEx "would raise the individualized defense that…an employee who worked during the break violated its terms and breached the contract himself." Id.¸ at ...
break period claim. Id., at 24. The Eleventh Circuit therefore affirmed the district court order denying class action treatment. Id., at 26. Download PDF file of Babineau v. Federal
Express Corporation
28 Feb, 2007 6:25 pm
... are becoming part of the nationwide, class-action lawsuit against FedEx. The suit alleges that for years it has intentionally misclassified
its employees as independent contractors in a scheme allowing it to substantially reduce operating costs while boosting corporate profits at the expense of its drivers and the
taxpaying public, according to a release on PRNewswire-USNewswire. The suit, which includes a count alleging violations ...
25 Jan, 2008 6:08 am
In EEOC v. Federal Express Corporation, No. 06-1724 (4th Cir., Jan. 23, 2008) (PDF), the Fourth Circuit unanimously affirmed a $108,000
judgment against FedEx in a disability discrimination case. The EEOC filed suit ... has specifically declined to draw some mathematical bright
line between constitutionally acceptable and unacceptable ratios." Because FedEx's conduct was sufficiently reprehensible, the award was
reasonably proportional, and the total award was within the $300,000 ...
5 Oct, 2007 7:23 pm
... . A mystery arose when the document never arrived. My 22-year old son wrote me: " I used the tracking number online, and the original envelope was just sitting at a station in
Schaumburg, 10 days after I sent it. I called corporate Fedex about this, they said someone would "call me back," which never happened."
This is the worst customer service, ever. We'll be using UPS from now on. For you regular FedEx customers -- you've been warned.
5 May, 2007 12:37 am
... interesting. "Kinko's was a way station where you stayed a few years, but you build a career at FedEx," [said Kenneth A. May, the chief
executive of FedEx Kinko's.] "The Kinko's people are hip, they're fun, but they needed oversight." Kinko's workers, ... and now a product
specialist.... "It was the People's Republic of Kinko's, a place where store managers thumbed their noses at corporate and ran the stores as they saw fit," said Gary M. Kusin, a
retailer who was recruited by Clayton to run Kinko ...
11 Apr, 2007 8:04 am
In my view, this FedEx class action settlement is yet another sign that after years of near-dormancy, employment discrimination claims not
based on disability, harassment, or termination of employment (e.g., those based on hiring and promotions) have become the biggest area of corporate employment law risk. The
ascendancy of these employment discrimination claims is led by [...]
28 Jul 4:04 am
Despite the plaintiffs' attempt to narrow its claim, the Eleventh Circuit in Babineau v. Federal Express Corporation, No. 08-16227 (11th Cir.
July 27, 2009), again affirmed the district court's denial of class certification. The plaintiffs claimed that FedEx failed to pay employees
for time worked during breaks and before and after their regularly scheduled shifts-so-called "gap time." According to both the ...
13 Nov, 2008 7:29 pm
... the Bush Administration's informal intelligence-gathering partnerships with private actors, including data brokers, FedEx, and Western
Union. As the article explores, this "privitization" of intelligence gathering has operated in the shadows, ... for shifting the principal locus of compliance with existing laws (and
oversight obligations) from the intelligence officials to the corporations. The inquiry begins by laying out the Article's fundamental postulates: the intelligence agencies
depend on ...
24 Jan 4:16 am
... Fred Smith. Many of my peers and I feel this is inappropriate. We do not know the total millions of dollars FedEx Corporation pays [your agency] annually for the valuable and important work your company does for us around the ... in another scenario could cost a vendor or
supplier a key client and the accompanying revenue. To restate the admonition given by FedEx to Andrews: "A hazard of social networking is
people will read what you write." With that said, common sense needs to be employed by ...
20 Jul 7:37 am
... clients. James Andrews was headed for his presentation on digital and social media for the worldwide communications group at FedEx, when he
tweeted: "True confession but I'm in one of those towns where I scratch my head and say, " ... your presentation this morning and the work we do in Employee Communications. (Signed as a
personal message by a member of the FedEx Corporate Communications team) For me, the kicker in all of this is that Andrews was supposed
to be the expert on social media. In any ...
20 Jul 1:05 am
... clients. James Andrews was headed for his presentation on digital and social media for the worldwide communications group at FedEx, when he
tweeted: "True confession but I'm in one of those towns where I scratch my head and say, " ... your presentation this morning and the work we do in Employee Communications. (Signed as a
personal message by a member of the FedEx Corporate Communications team) For me, the kicker in all of this is that Andrews was supposed
to be the expert on social media. In any ...
2 Jan, 2008 1:07 am
... of getting it wrong increase significantly. The most recent situation to take center tax stage is the decision by FedEx Corporation to classify as independent contractors a group of drivers who own and maintain their own trucks while making ... or business of the same nature as
that involved in the service performed. Relying on this statute, the Attorney General concluded that FedEx had "intentionally violated all
three prongs of the Independent Contractor Law." The issue of whether a person is an ...
7 Mar, 2008 1:40 pm
... District of Ohio at Dayton BOYCE F. MARTIN, JR., Circuit Judge. Trafalgar Corporation sought a federal court determination of its
constitutional takings and equal protection claims ... Memphis DENISE PAGE HOOD, District Judge. Appellant Willie J. Jackson ("Jackson") filed a complaint against FedEx Corporate Services, Inc. and Federal Express ... claim and Jackson does not appeal that decision. The district court denied FedEx's Motion for Summary Judgment with respect to Jackson's claims under Section ...
10 Jun, 2008 9:05 am
... Robert B. (Rob) Carter, is Executive Vice President - FedEx Information Services & Chief Information Officer at FedEx Corporation. My Notes: Commerce has always been ... telecommunication networks spread. Communication was
moving faster than we could. In 1994, FedEx.com has a simple blank to fill in a tracking number. It was one of the first transactional sites.
... can get a greater interest and a great sale place on eBay. Digital can add value. FedEx is exposing services so that you do not need ...
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