Gov. Cuomo has a chance to send FedEx a message.
The governor is under pressure from labor to sign the Fair Play Act, a bill that could force most package delivery firms to list their drivers as employees, which would result in higher pay for the drivers but higher costs for the firms.
But signing the bill, which exempts FedEx Ground and allows the delivery giant to keep classifying its drivers as independent contractors, would go against Cuomo’s long-held belief that FedEx drivers should be classified as employees.
As state attorney general in 2010, Cuomo sued FedEx to force it to classify its 3,500 state drivers as employees.
“FedEx has the power to control, and does in fact control, almost all aspects of its drivers’ work,” including “hours, job duties, routes, and even clothing,” Cuomo charged at the time.
“The drivers are clearly perceived by the public to be employees,” the suit said.
By classifying its drivers as contractors, FedEx does not have to pay certain payroll taxes, giving it advantage over rivals like UPS.
The Cuomo lawsuit went nowhere because a federal court in 2011, considering similar charges filed in several states, ruled in favor of FedEx.
The case is on appeal.
Both houses of the state legislature passed the Fair Play Act this summer by a wide margin and the bill has been sitting and gathering dust since then. Cuomo has until Dec. 31 to sign it — or it’ll die. He is still reviewing it, a spokesman said.
The bill is backed by the Teamsters Union as it will require most delivery companies whose drivers work for one company, like LaserShip, which delivers packages for Amazon, to classify drivers as employees.
The Fair Play Act originally included FedEx but deft lobbying got the company an exemption.
Since Cuomo’s 2010 suit, FedEx has switched to a model where it sells routes and then those subcontractors hire drivers.
FedEx Ground’s purple-and-black-shirted drivers are currently non-union independent contractors who earn roughly $750 for a 60-hour week — with few benefits.
Drivers’ assistants earn about $450 a week.
An assistant, who looked to be in his late 20s, told The Post the $10 an hour he earns is hardly enough to support his two children. “It is really not worth it,” he said.
Teamsters President George Miranda, who supports the bill, asked the governor in July to quickly sign it into law, a source close to the situation said.
Teamsters brass feel Cuomo will sign the bill this year, according to labor sources.
The union declined to comment.