FedEx USERRA Military Leave (After Jan. 1, 2023) Litigation
Summary of Lawsuit
This lawsuit alleges that FedEx Corporation violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide compensation or paid leave to non-pilot employees (other than salaried employees) who took short-term military leave from Federal Express Corporation (“FedEx”) since January 1, 2023.
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Under USERRA, employees who take military leave must receive the same rights and benefits during such military leave as other employees who take comparable forms of leave and military leave must be treated no less favorably than other types of leave that are provided by the employer to its employees.
The Complaint alleges that FedEx violated USERRA by providing paid leave to FedEx employees for other types of leave, such as jury duty, sick leave and bereavement leave, but not providing paid leave to FedEx employees who take short-term military leave. As a result of this violation, FedEx employees who are also servicemembers have received and will receive less compensation during their short-term military leave than employees who took other comparable forms of leave.
This lawsuit seeks a declaration that FedEx violated USERRA, an order requiring FedEx to pay servicemembers on short-term military leave on an equal basis to other forms of leave, and an order requiring FedEx to recalculate pay consistent with USERRA.
The Complaint was filed on behalf of non-pilot employees who took short-term military leave from FedEx since January 1, 2023 as opposed to the prior lawsuit, which has settled and was concerning short-term military leave prior to January 1, 2023. You can read more about the first case here: Beanland v. FedEx
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The Court has certified the following classes:
(a) The Pay Class: all current and former permanent non-pilot employees of FedEx who took short-term military leave (periods of 14 days or fewer) from their employment with FedEx at anytime from January 1, 2023 through December 31, 2024, and during that short-term military leave were not paid the compensation they would have earned had they worked for FedEx instead of taking military leave.
(b) The Injunctive Relief Class: All permanent non-pilot employees of FedEx in the military at the same time they were employed by FedEx, at any time from January 1, 2025 until May 31, 2026.
Excluded from the Classes are all former or current salaried employees of
FedEx who have only worked at FedEx after October 31, 2020.
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The Class Action Complaint was filed on March 11, 2024. Plaintiffs filed an Amended Complaint on July 22, 2026.
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In December 2024, Plaintiffs and Defendants reached an agreement on the implementation of a military leave benefit to resolve the claims of the Injunctive Relief Class. Beginning on January 1, 2025, FedEx began providing military leave for up to 80 hours per fiscal year in paid short-term military leave for permanent full-time employees and 40 hours per fiscal year in paid short-term military leave for permanent part-time employees.
Plaintiffs and Defendants reached a settlement-in-principle on February 13, 2026. A formal settlement agreement was executed on July 21, 2026. Under the settlement, Defendants have agreed to pay $900,000 to resolve the claims. After subtracting court-approved attorneys’ fees and expenses, and settlement administration expenses, the net settlement fund will be distributed to Class members.
Plaintiffs filed their Motion for Class Certification and Motion for Preliminary Approval on July 24, 2026. The settlement needs to be approved by the Court, which consists of a three part process: (1) the Court granting preliminary approval of the settlement, (2) formal notice mailed to class members providing class members the ability to comment on the Settlement, and (3) the Court granting final approval of the settlement.
The Court granted Plaintiffs’ Motions for Class Certification and Preliminary Approval on August 12, 2026 and set a final fairness hearing to be held on January 12, 2027, at 10:00 am at the United States District Court for the Northern District of Georgia, in Courtroom 1908, 75 Ted Turner Drive SW Atlanta, Georgia 30303-3309.
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Whom to Contact for More Information
If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:
R. Joseph Barton, Esq. jbarton@thebartonfirm.com
Ming Siegel, Paralegal ming@thebartonfirm.com
The Barton Firm LLP
1633 Connecticut Ave. NW Suite 200
Washington, DC 20009
(202) 734-7046
The Barton Firm LLP is co-counsel with the Law Office of Thomas G. Jarrard LLC, Riverside NW Law Group PLLC and Kenneth S. Nugent P.C.