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Greetings,
A valuable plaintiffs’ expert report was
submitted to the Northern Indiana court and found its way onto
the public docket. Robert W. Wood is “author of
Legal Guide to Independent Contractor Status originally
published in 1992 now in its Fourth Edition” and
“author or editor of 31 books and over 1,000 articles
published in legal, accounting and business periodicals.”
Wood has often been “engaged to help clients establish
bona fide independent contractor arrangements” and
“drafted, edited or assisted in drafting dozens of
independent contractor agreements over nearly three
decades.” Wood has “argued far more frequently for
independent contractor (rather than employee status) of
workers." Woods’ conclusion in his report?
“FXG’s drivers are the cornerstone of its
enterprise. To a truly extraordinary degree, drivers are
integrated within FXG’s global system...In my opinion,
plainly, unequivocally, and without qualification, the P&D
drivers do not (and cannot) constitute bona fide independent
contractors under any existing test for assessing worker
status.” Wood’s report is uploaded on the FedExWatch
MDL Resource page.
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