143232P.pdf   08/21/2015  Reginald Gray  v.  FedEx Ground Package System
   U.S. Court of Appeals Case No:  14-3232
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Melloy and Benton, Circuit Judge.] 
   Civil Case - diversity. The question whether FedEx operators are employees 
   or independent contractors is presented. Operators contracted with FedEx 
   but were not required to drive personally; they could hire others to drive 
   subject to FedEx's qualifications. Former operators brought suit. 
   Following a remand of the Missouri cases from the multi-district 
   litigation for an analysis of driver-by-driver circumstances, the district 
   court ruled the operators were employees as a matter of Missouri law and 
   set the case for a jury trial. The jury found for the FedEx operators and 
   awarded damages. FedEx appealed the district court's determination the 
   operators were employees and appealed from the jury verdicts. Under 
   Missouri law, employment status is a question of fact, and under the 
   eight-factor test, the district court erred in determining as a matter of 
   law that the operators were employees, as reasonable jury could conclude 
   that the operators were independent contractors. The question of the 
   status should have been submitted to a jury.