FedEx Disability Harassment and New York Labor Law Violations Class Action

This class action brings suit against Federal Express Corporation for violations of New York Labor Law (NYLL) and also of New York City Human Rights Law (NYCHRL). The allegations involve not paying employees the required four-hour minimum for any day they clocked in to work and not paying them wages for all hours worked. The NYCHRL allegations involve interference, harassment, and retaliation against the plaintiff, a diabetic, due to his medical needs.

The class for this action is all FedEx employees between January 7, 2016 and January 7, 2022 who performed tasks such as sorting packages, unpacking trucks, loading and organizing trucks, delivering packages, and all other similar and related tasks, at FedEx’s Manhattan facility locations, including the ones at 48th Street and 42nd Street.

The complaint makes two allegations on behalf of the class under NYLL. First, it alleges that FedEx employees were not always paid the NYLL four-hour minimum for each day they reported for work.

Second, it alleges they were not paid for all hours worked. For example, the complaint alleges that the plaintiff in this case, Richard Lundberg, was told to arrive at work at 6:30 in the morning one day, but was told not to clock in until 7:30, and that he was not paid for the initial hour.

The NYCHRL allegations concern Lundberg’s diabetes and actions he needed to take to keep himself going. Lundberg, the complaint says, “is a type one diabetic who depends on a Continuous Subcutaneous Insulin Infusion Pump and Continuous Glucose Monitor with implanted sensors and transmitters in his abdomen for daily survival…. These medical devices are active 24 hours a day and even small issues can result in a life-threatening situation.”

If the devices’ alarms go off, the complaint alleges, they “must be immediately attended to.” Regular checks and adjustments take from two to ten minutes, the complaint claims. The complaint alleges that Lundberg’s “medical condition qualifies as a disability under the NYCHRL.”

Pages of the complaint are dedicated to outlining allegations about the treatment Lundberg received when trying to attend to his diabetes on the job. For example, it says that one day when Lundberg was trying to check his blood glucose, he was told that “FedEx ain’t paying you to check your sugar” and was ordered to clock out, even though he still had duties to perform before he could leave.

Afterwards, the complaint alleges that those who supervised him talked negatively about him behind his back and retaliated in numerous ways. The complaint fills pages with the details of the harassment and retaliation.

Article Type: Lawsuit
Topic: Employment
Tags: Disability Discrimination, Employment Violations, Failure to Pay All Wages Due, Failure to Pay Reporting Time Pay