This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
No, you are not being sued.
The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires that service members who take leaves of absence from their civilian employers to perform qualified military service be treated no less favorably than employees who take other comparable forms of leave.
The Defendant in this case is Federal Express Corporation (FedEx). The lawsuit alleges that FedEx violated USERRA by paying employees who take jury duty, sick leave, bereavement leave and other types of leave but not providing pay or benefits to employees who take short-term military leave.
The Court has certified two classes for purposes of the settlement. The Pay Class is defined as:
“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 any time 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.”
The Injunctive Relief Class is defined as:
“Current permanent non-pilot employees of FedEx in the military at the same time employed by FedEx at any time from January 1, 2025 through May 31, 2026.”
Excluded from the Pay Class and the Injunctive Relief Class are all former or current salaried employees of FedEx who have only worked at FedEx after October 31, 2020.
The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to the proposed Settlement to avoid a trial and to provide compensation to the Class Members. In deciding to settle the lawsuit, the Class Representative and Class Counsel considered, among other things, (a) the strength of the Classes’ claims as determined from a review of the law and an investigation of the facts; (b) the potential monetary recovery; (c) the expense and length of continued proceedings, including possible trial and post-trial proceedings and appeals, necessary to prosecute the lawsuit; (d) the risks arising from the existence of unresolved questions of law and fact; (e) the nature and strength of defenses asserted by and available to Defendant; and (f) the risks and uncertainties of continued class action litigation of this nature. The Class Representative and Class Counsel believe that the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Classes.
Defendant will pay $900,000 into a Settlement Fund. After deduction of any Court-approved attorneys’ fees and expenses and Settlement Administration expenses, the net settlement amount will be distributed to the Class pursuant to a Court approved distribution formula called the “plan of allocation.” Payments from the net settlement fund will compensate Pay Class Members for FedEx’s failure to provide paid leave to Pay Class Members for periods of short-term military leave. The payment that each eligible Class Member will receive from the settlement fund will be determined by a Plan of Allocation that Class Counsel has recommended and must be approved by the Court.
Additionally, Defendant has agreed that it will also pay short-term military leave (21 days or less) from January 1, 2025 to December 31, 2029 to Injunctive Relief Class Members as follows:
(1) Through December 31, 2027, full-time employees will be eligible for up to 80 hours per year and part-time employees will be eligible for up to 40 hours per year, i.e., materially consistent with terms set forth in the Policy – Military Leave effective January 2, 2025 and currently in effect.
(2) From January 1, 2028 through December 31, 2029, FedEx will maintain a policy for short-term military leave that includes pay that is at least as generous as the pay provided to employees taking leave to perform jury duty.
The Parties will also request that the Court make a finding that this relief provides military leave benefits that are commensurate with paid leave offered for allegedly-comparable leaves offered by FedEx at the time that this Agreement was executed.
Class Members do not need to do anything in order to receive benefits under the proposed Settlement. If you received the Notice, you have been identified as a Class Member. If you are not certain, you can contact the Settlement Administrator to confirm that you were previously identified as a Class Member.
Yes. The Court has appointed R. Joseph Barton of The Barton Firm LLP, Matthew Z. Crotty of Riverside NW Law Group, PLLC, and Thomas G. Jarrard of Law Office of Thomas G. Jarrard LLC as Class Counsel to represent the Class Members in addition to Stephen J. Anderson of Kenneth S. Nugent, P.C. as Local Class Counsel. You will be represented by Class Counsel in the litigation including with the implementation of the Settlement throughout the duration of the terms of the Settlement. Although it is not necessary, you have the right, if you wish to do so, to retain your own attorney at your own expense.
R. Joseph Barton
THE BARTON FIRM LLP
1633 Connecticut Avenue N.W.
Suite 200
Washington, DC 20009
Telephone: 202-734-7046
FedExUSERRA@thebartonfirm.com
Matthew Z. Crotty
RIVERSIDE NW LAW GROUP, PLLC
905 W. Riverside Ave.
Suite 404
Spokane, WA 99201
Tel: 509-850-7011
mzc@rnwlg.com
Thomas G. Jarrard
LAW OFFICE OF THOMAS G. JARRARD LLC
1020 N. Washington St.
Spokane, WA 99201
Tel: 425-239-7290
Tjarrard@att.net
No. The Court has certified the classes as mandatory classes so you do not have the right to exclude yourself from the Class. If the Settlement is approved, you will be bound by any judgments or orders that are entered in the Lawsuit for all claims that were or could have been asserted in the Lawsuit or are otherwise included in the release under the Settlement. Although you cannot opt out of the Settlement, you can object to the Settlement as described in the next FAQ.
The Court must assess the overall fairness and reasonableness of the Settlement to the Classes. If you are a Pay Class Member or Injunctive Relief Class Member, then you can object to the Settlement if you don’t like any part of it, and the Court will consider your views. To object to the Settlement and have your objection considered by the Court, you must submit a written objection to the Settlement which must be postmarked on or before November 23, 2026. Your objection needs to contain (1) your name, address, email(s), and telephone number(s) and an appearance on behalf of any counsel representing you (if any); (2) the title of the lawsuit, Williams v. Federal Express Corporation, Case No. 1:24-cv-01056-JPB (N.D. Ga.), (3) a written statement of the grounds for your objection; (4) a statement of whether you intend to appear at the Final Approval Hearing, and, if you will appear through counsel, the identity of your counsel, and (5) your signature and the date.
Your objection needs to be addressed to the Settlement Administrator:
FedEx USERRA Settlement Administrator
P.O. Box 2004
Chanhassen, MN 55317-2004
The Court will hold a Final Approval Hearing (called a Fairness Hearing) at 10:00 a.m. on January 12, 2027, in the courtroom of the Honorable J.P. Boulee, at 75 Ted Turner Drive SW, Atlanta, GA 30303-3309.
At the Fairness Hearing, the Court will determine whether the proposed Settlement is fair, reasonable, and adequate. If there are any objections, then the Court will consider them. The Court will also consider whether the motion of Class Counsel for an award of attorneys’ fees and reimbursement of expenses should be approved, and whether, in accordance with the Settlement, a final order and judgment should be entered bringing the litigation to a conclusion.
No. Class Counsel and the Defendant’s counsel will answer questions that the Judge may have. If you send an objection, then you don’t have to come to Court to talk about it, but you are entitled to if you want to. As long as you mail your written objection on time, the Court will consider it.
You may speak at the Fairness Hearing only if you have filed an objection or requested to do so. You may appear either in person or through a lawyer hired at your own expense. You may withdraw your objections at any time.
You may email the Settlement Administrator at FedExUSERRA@noticeadministrator.com, or call at 1-888-626-0830.