FedEx Express is forcing employees to work off the clock or lose their jobs. As demands simultaneously grow to meet SPH, and DRA slows couriers down, management is making it very clear (by OLCC or letter) that SPH will be met, or you are out the door. Faced with the very real threat of losing their jobs, many couriers opt to work through their lunch "breaks" in order to preserve their employment. In other words, FedEx has created a scenario in which many must cheat the system in order to survive the system.

Please know that management already knows that many of you are falsifying, and as long as you don't have a wreck during "break" or get a ticket, they're fine with it. In fact, they LOVE it, because it boosts productivity and makes them look good. Fred likes it too, because you're providing free labor.

The PowerPad statement/disclaimer won't protect FedEx on this one because it is they who are creating the untenable situation for couriers, who are literally forced by an invisible gun to their heads to "perform"...or else. Never mind that tasking someone with more than can be possibly done in that timeframe creates an impossible problem for the employee. Bring stuff back...get disciplined, or get lates...more discipline. In other words, FedEx has created a legal Catch-22 in which the courier is screwed either way. If they take the break and comply, they face discipline and/or termination for not making numbers. If they cheat and work through an unpaid "lunch", they risk termination if something happens during that time period that goes on the record...the ticket, accident, or customer compliment and/or complaint.

FedEx is guilty. Just wait for the suit.