Rakowsky v. Federal Express Corporation
Case 2:23-cv-02340 (Western District of Tennessee)
We, along with the Pollins Law Firm, represent former Security Specialists in the above-referenced lawsuit against the Federal Express Corporation (“FedEx”). The Complaint alleges that the primary job duties of a Security Specialist (II, III, or Senior) constitute work that is non-exempt from overtime pay. By way of example, Plaintiff’s work duties included monitoring the sorting of packages and driver deliveries at Defendant’s warehouse/sorting facilities, conducting interviews, preparing incident reports conducting vehicle security audits, and maintaining and updating security files, reports, and caseload statuses in Defendant’s management systems. The Complaint further alleges that FedEx requires Security Specialists to work over forty (40) hours per week in order to complete all of their work. Instead of paying them overtime pay for all hours worked in excess of 40 hours per week, however, FedEx pays Security Specialists a salary and treats them as ineligible for overtime pay.
If you have any questions and/or would like to discuss the case, please contact the case clerk, Tommy Navarre for more information, at 612-256-3238 or tnavarre@nka.com.
Case Updates
February 16, 2026
The parties have reached a proposed settlement of this matter, which has been submitted to the Court for approval. If you are a member of the settlement class, you will receive a notice regarding the settlement. Please read it carefully and consult that notice for further information.
Court Grants Motion for Notice to FedEx Security Specialists
September 30, 2024
On September 30, 2024, the Court authorized the distribution of notice of this lawsuit to over 400 Security Specialists across the country. This notice will be distributed on Monday, October 14, 2024, and will give all eligible Security Specialists the opportunity to join the case if they wish to do so. A copy of the notice can be found HERE.
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Frequently Asked Questions
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Is This a Class Action? What Does that Mean?
This case is both a collective action under federal law and a potential class action under New York and California state law. This means that, depending on the type of claim(s) you have, there may be a slightly different process for participating in this suit. Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows individual people to participate in a group action with others who have similar claims.
Unlike a class action, however, a collective action requires individuals to “opt-in” to the collective action. Individuals who wish to join this case under federal law were required to complete a consent form in order to assert their claims under federal law. The period to join the case under federal law has passed.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitations is two years back from when the consent form you return to us is filed. If we can prove that FedEx intentionally or recklessly violated the law, then the statute of limitations may be extended to three years. The New York state law claim asserted in this case has a six year statute of limitations, and the California state law claim has a four year statute of limitations.
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Do I Have to Pay Anything?
You do not have to pay anything if you are part of the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, immediately contact the case clerk, Tommy Navarre, at 612-256-3238 or tnavarre@nka.com.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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How Do I Learn More?
To learn more, contact the case clerk, Tommy Navarre, at 612-256-3238 or via email at tnavarre@nka.com.
NOTE: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through our online form. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. You may seek your own counsel for advice and/or representation, and you may bring a separate case: you are not required to opt in to this case. Prior results do not guarantee a similar outcome.
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