Why the Court's Ruling on FedEx Drivers Could Jeopardize the Franchise ModelIn the latest lawsuit that attempts to define the line between independent entrepreneur and employee, the court ruled that FedEx Ground drivers are employees, not independent contractors.

ByKate Taylor

Opinions expressed by Entrepreneur contributors are their own.

What's the line between an employee and an independent entrepreneur? With recent lawsuits, businesses that rely on contractors and franchisees are under fire – and may need to change up their entire business models.

On Wednesday, the Ninth Circuit Court of Appeals ruled that 2,300 individuals working for FedEx Ground in California and Oregon had been misclassified as independent contractors instead of employees. That means that FedEx may have to pay up millions of dollars for the costs of branded trucks, uniforms and scanners, as well as wages, overtime compensation and penalties.

的关键论点是,联邦快递的练习o much control over drivers – their appearance standards, what they are delivering, when and how – that to classify drivers as anything but employees is a money-saving scam by FedEx. The lawsuit claimed that by framing drivers as contractors, FedEx was able to have workers complete the same work as employees at UPS or the U.S. Postal Service for less pay and no benefits.

Related:Regulator Names McDonald's a 'Joint Employer'

"FedEx Ground built its business on the backs of individuals it labelled as independent contractors, promising them the entrepreneurial American Dream," Beth A. Ross, the attorney at Leonard Carder who represented the Californian drivers, said in a statement. "However, as Judge Trott said in his concurring opinion, not all that glitters is gold."

Meanwhile, FedEx describes its drivers as independent contractors who are entrepreneurs, not employees.

"Today, FedEx Ground contracts with nearly 9,000 small businesses that are owned and operated by entrepreneurs who value independence and innovation and apply their own management skills to operate successful businesses," reads the FedExwebsite.

Currently, the decision only affects FedEx drivers in California and Oregon, meaning around the rest of the U.S. drivers will remain independent contractors. FedEx will likely appeal the decisions to the Supreme Court.

Related:Are Minimum-Wage Activists Trying to Kill the Franchise Model in Seattle?

If the whole scenario of the over-controlling company and supposedly independent entrepreneurs sounds familiar, that's because it is. In the last few months, there have been a number of cases with independent contractors and franchisees taking companies to court for being treated as employees, minus the perks. Most recently, the National Labor Relations Board ruled thatMcDonald's was a joint employerin employees' lawsuits against the burger chain. Plus, 7-Eleven franchisees in California aretaking their franchisor to courtin part due to their claim that the company's excessive control rendered them employees, not independent franchisees.

More and more, supposedly independent contractors and franchisees are pushing back against company control. Soon, companies are going to have to respond in a big way – or change their business models for good.

Related:California Just Passed a Bill Granting Franchisees New Rights

Kate Taylor

Reporter

Kate Taylor is a reporter at Business Insider. She was previously a reporter at Entrepreneur. Get in touch with tips and feedback on Twitter at @Kate_H_Taylor.

Editor's Pick

Related Topics

Franchise

This Entrepreneur's Franchise Made More Than $1 Million This Year — And it All Started Because of a Devastating Water Leak

A homeowner saw a disaster, but this entrepreneur saw a gap in the market — and a franchise opportunity.

Business News

零售盗窃Forces Nike to Permanently Close Beloved Portland Location

The Portland location had the second-highest rate of shoplifting incidents in the city since 2019.

Business News

'Treated Like Roaches': Passengers Slam Airport Staff After Allegedly Being Starved, 'Abandoned' for 12 Hours on Remote Island After Emergency Landing

Delta Airlines Flight 157 was headed from Ghana to New York's JFK airport on Friday before the plane encountered oxygen issues.

Business News

Jeff Bezos and Lauren Sanchez Arrive By Helicopter to NYFW

The couple made their stylish debut at the Staud show on September 10.

Living

Do This Simple Exercise to Unlock Your Potential, Says the Psychologist Who Coined the Phrase 'Growth Mindset'

Carol Dweck, who currently teaches a first-year seminar at Stanford University, gives her students an assignment that can change their lives.