Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.

The case is one of about 70 class-action lawsuits FedEx drivers filed over the last decade challenging their classification as contractors. The consolidated MDL cases are being heard by Judge Robert Miller in the U.S. District Court for the Northern District of Indiana, South Bend.

Miller ruled in favor of FedEx, but the 7th Circuit posed certified questions to the Kansas Supreme Court, which answered that drivers were company employees under the Kansas Wage Payment Act.

In a six-page per curiam opinion, a panel including Judges Frank Easterbrook, Richard Posner and John Tinder reversed summary judgment for FedEx and ordered judgment in favor of the drivers. The case is In Re: FedEx Group Package System, Inc. Employment Practices Litigation, Carlene M. Craig, et al. v. FedEx Ground Package System, Inc., 10-3115.

“FedEx’s understanding of the Kansas Supreme Court’s decision strays from reality,” the court wrote. Judges rejected the company’s claim that Kansas justices restated a 20-factor test for determining employment status under the state’s wage act.

“Not surprisingly, FedEx argues that we should not follow the Kansas Supreme Court’s answers to the certified questions,” the 7th Circuit panel wrote, noting such answers are binding statements of law. “FedEx simply disagrees with the Kansas Supreme Court’s legal conclusions.”

The 7th Circuit remanded for entry of judgment for the drivers and for proceedings, which may require remand to a Kansas District Court for a determination of damages.

In a separate case, FedEx last month agreed to a $227 million settlement with its drivers in California.

Dave Stafford for www.theindianalawyer.com

A child born to a married couple who placed the newborn for adoption may have had a different father, and a trial court erred in denying his requests for genetic testing that could have given him standing to contest the adoption, the Court of Appeals ruled Wednesday.

L.D. and J.D. filed a petition to adopt I.J. three days after she was born to mother Ka.J. and her husband, Ke.J. I.J. was given to L.D. and J.D. at birth on March 21, 2014, and the adoptive parents have raised and cared for her since. Their adoption petition was granted last December.

On April 3, 2014, T.M. told the court he believed he was the child’s biological father, and he signed up with the putative father registry on April 15, 2014. He later sought genetic testing to prove his paternity, which Noble Circuit Judge G. David Laur denied multiple times.

Appellate Judge Melissa May wrote for the panel that the trial court erred in its reading of I.C. 31-19-5-2(a). “As T.M. registered before I.J. was thirty days old, his registration was timely. T.M. therefore was entitled to notice of the adoption and should have been permitted to contest it.

“We are mindful of the fact that I.J. has been in the care, custody and control of Adoptive Parents since birth and our reversal may create instability in her young life. But we cannot ignore the constitutional dimension of the parental right that arose with T.M.’s timely registration with the putative father registry. Accordingly, we reverse and remand,” May wrote.

Judge Margret Robb concurred but wrote separately to stress why the court erred in refusing T.M.’s request for genetic testing. She noted the adoption consent statute grants a third party who claims to be the biological parent the right to seek genetic testing to rebut a husband’s presumption of paternity.

“As we have determined herein that T.M. timely registered with the putative father registry, and with the clarification that T.M. has the right to seek genetic paternity testing irrespective of Ke.J.’s presumed paternity, I concur,” Robb wrote.

The case is In re the Matter of: I.J., Child, T.M. v. L.D. and J.D., 57A03-1501-AD-28.

Governor Mike Pence today announced that Indiana’s Jobs for America’s Graduates (JAG) programs has been recognized among the most successful in the nation, achieving record graduation rates, placement and positive outcome rates for participating Indiana high school students and youth.  Eleven of 12 Indiana regions were rewarded with national “5 of 5” awards for their success, achieving the national program’s highest rankings for the first time.  A list of today’s winners can be found attached.

Indiana’s program has been expanded by Governor Mike Pence, with additional support from the Indiana General Assembly, and has grown to be the largest in the nation posting successful results for at-risk youth.  JAG is a state-based national non-profit organization dedicated to reconnecting at-risk students academically by helping them overcome barriers to graduation. Students receive adult mentoring from a JAG Specialist while in school and one year of follow-up counseling after graduation.  Indiana’s program graduates more than 90 percent of participants and many students choose to continue their education after high school. Photos from the March 2015 JAG Career Development Conference can be found attached.

“Congratulations to our students and Jobs for America’s Graduates teachers who serve as specialists for our kids in the program who have achieved remarkable accomplishments in their quest for graduation and success beyond their diplomas,” said Governor Mike Pence, who also serves as Vice Chair of the national JAG board. “Your dedication and commitment to personal success, regardless of obstacles, is inspirational to all Hoosiers as your journeys continue into real world opportunities.”

Awards were presented in Indianapolis today to the JAG specialists who lead outstanding programs, both in school and out of school, across the state.  The specialists gathered in Indianapolis to learn new techniques designed to continue their success in helping young Hoosiers graduate.  JAG’s annual awards and training seminar focuses on learning new teaching methods while recognizing specialists who were successful in increasing graduation rates and student participation in higher education. Last year’s seminar was so significant that it resulted in JAG Indiana being awarded the prestigious “5 of 5” statewide award for the first time this year.

Significant JAG achievements include:

• The 2014 class achieved graduation rate of 93% the state’s JAG highest ever, followed for a one year period to include all students.

• Eleven of twelve regions (92%) have achieved the prestigious “5 of 5” recognition, a nationwide designation that requires high marks in Graduation, Employment, Positive Outcome, Full Time Placement, and Full Time Employment categories.

• This is the first time in JAG Indiana’s history that it has achieved a statewide “5 of 5” classification. Last year, only 12 other JAG statewide programs in the country achieved this mark.

• “5 of 5” is the highest award bestowed upon any JAG program because it highlights the importance of graduating from high school and the one year follow-up to ensure the student is taking positive steps along their chosen career path.

• The JAG class of 2015 has received more than $15 million in scholarships, which exceeds the $10.3 million JAG students received in 2014.

“Indiana’s JAG program is the largest in the nation, thanks to leadership from Gov. Pence and the support of the General Assembly,” said Steven J. Braun, Commissioner of the Indiana Department of Workforce Development. “The ‘5 of 5’ successes are possible because of our Specialists’ dedication and their ability to inspire young Hoosiers to reach their full potential.”

More than 13,000 students have participated in Indiana’s JAG program since 2006. Students are taught up to 88 competencies such as critical thinking, team leadership and effective communications skills that will increase their marketability to employers. The JAG program is the largest program in the nation and is funded through grants provided by the Indiana Department of Workforce Development.