FedEx driver who was paid per delivery is not entitled to overtime pay
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Thursday, September 19, 2019

FedEx driver who was paid per delivery is not entitled to overtime pay

By Payroll and Entitlements Editorial Staff

A federal district court in New Mexico granted summary judgment in favor of FedEx after finding that a pick-up and delivery driver was not an employee of FedEx under the New Mexico Minimum Wage Act. The driver was paid per package and per stop on her route, not hourly, so her compensation fell under the MWA’s piecework compensation exception. The court further held that the driver’s time spent on non-pickup or delivery job duties was insufficient to overcome a finding that she was not an employee. (Armijo v. FedEx Ground Package System, Inc., D.N.M., 170 LC ¶61,986).

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