Santa Clara, CA: Federal Express Corp., (FedEx) is facing a national employment class action lawsuit alleging the international logistics and transportation company violated the pension rights of thousands of its employees who took military leave to serve in the National Guard and Reserves.
The lawsuit was filed by Clifton Cunningham, a FedEx mechanic who works in Tennessee, and Don Teed, a FedEx mechanic who works in Massachusetts.
The complaint alleges that since 2002, FedEx mechanics and other employees who regularly earn overtime pay have been deprived of pension contributions mandated by the federal Uniformed Services Employment & Reemployment Rights Act (USERRA).
The lawsuit follows a recent ruling by the US Court of Appeals for the Sixth Circuit stating that the formula FedEx applied to make pension contributions for employees who take military leave is "at odds" with federal law.
The plaintiffs and proposed class are represented by Peter Romer-Friedman of Outten & Golden LLP, a law firm that represents workers in class action litigation, and Joseph Napiltonia of the Law Office of Joseph Napiltonia, a firm owned and operated by a former Navy SEAL.
The case is Cunningham v. Federal Express Corp. et al., Case No. 3:17-cv-00845 (M.D. Tenn.).
