Plaintiffs moved for collective action back in May of 2010 but this process was stopped in the summer of 2010 by Swifts Motion to Compel Arbitration. They will put you into debt while you are working like a slave. ALSO, DRIVERS WHO HAVE CONTACT INFORMATION (SUCH AS NAME, TELEPHONE # OR ADDRESS) FOR FORMER MANAGEMENT EMPLOYEES OF SWIFT AND IEL ARE ENCOURAGED TO CALL JANICE PICKERING OR KATHY WEISS TO GIVE CONTACT INFORMATION. We will post further updates shortly to let you know just how we intend to use this ruling to ultimately prevail and force Swift to comply with the law. Posted on Wednesday, February 9 2011 at 9:34am. Among other things, it prevents employees from having access to much of the internal company documents that can be necessary to win their claims. Past and present truckers driving for Swift as owner operators anywhere in the U.S. may be included in this lawsuit. If you have any questions or wish to make a claim, you may do so at the Swift settlement website, www.swiftmisclass.com or call SSI at 844-330-6991. 352 Drivers Join Lawsuit Against Swift August 8, 2013, As of this date, 352 drivers have joined the lawsuit against Swift Transportation. To find out more, read our privacy policy . We argue that the FAA does not apply because the Plaintiffs are really employees as a matter of law, and FAA section 1 exempts interstate transportation employees such as the Plaintiffs (and the AAA does not apply to employees). Scheduling Order Set By District Court Posted October 7, 2014. Although we hoped Judge Berman would keep the case, venue transfer motions are easy ones for defendants to win. If a driver participates in such a meeting, he or she should request a copy of any papers that they are asked to sign. If the drivers are employees, their claims cannot be sent to arbitration. Maybe Im wrong I have a truck signed on with Mercer transportation by the time you finish renting a trailer waiting for loads there is no money to be made. My truck is dying. Under the law of contract, plaintiffs seek to declare the contracts void or voidable for unconscionability. And you wonder whats wrong with the industry ? I received a letter in the mail last summer about a class action suit against swift transport . Plaintiffs have filed 57 separate arbitration demands with the American Arbitration Association for the issues presented in this case. CDL Grad, No Experience When plaintiffs win a pay case, the defendant must pay the plaintiffs costs and attorneys fees. I daily would put in a minimum of 1.5 hrs of work prior to getting driven mileage for my pay. the claim that drivers could go outside the company to get loads was a tiny clause in their contract with such financial penalties and obstructions that you knew the company put this in the contract for possibility of using it as part of a claim to back a legal argument. JUDGE SEDWICK GRANTS PRELIMINARY SETTLEMENT APPROVAL - Posted May 8, 2019. In CDL School Now Meanwhile, Swifts mandamus petition and appeal of the District Courts decision to hold a trial of employment status are pending before the Ninth Circuit Court of Appeals. If you have not received a notice, please contact the claims administrator, Settlement Services, Incorporated (SSI), at 844-330-6991. After the District Court rejected Swifts motion to reconsider the discovery process for this determination, Swift filed a notice of appeal. Swift Transportation is a greedy company they will not pay you right Owner operators are earning less than a dollar for a dedicated account 96 cpm! The claims in this case are now protected. Swift has also asked the court to stay all proceedings pending appeal. Click here to review the defendants papers. Although the dispatchers will help you in a time of need. This means that, in most cases, truckers will not be forced into mandatory arbitration and cannot waive their rights to participate in class actions. A tentative settlement was reached between the parties which called for each owner operator to receive between $14.18 and $83.21 in settlement of these claims. Under the terms of the Order, Swift and IEL, as well as the District Judge, are given 14 days to respond after which Plaintiffs will have 5 days to reply. Repair and tire replacement reserve of 1 cent per authorized dispatch mile (unused portion refunded at the end of the lease purchase agreement) 7. Posted on Wednesday, July 27 2011 at 2:35pm. Swifts arbitration clause was found unenforceable when the district court judge ruled it was a contract of employment that is exempt from arbitration under the Federal Arbitration Act (FAA) and the Arizona Arbitration Act. Plaintiffs counsel will oppose this motion shortly. So your telling me there is a 500 mile zip code variance? The Ninth Circuits ruling was a critical decision in favor of the drivers, since it meant that the District Court must decide whether the ICOA/Lease constitute a contract of employment, and if the Court found the contract to be one of employment then the case would never go to arbitration. The Swift lawsuit commenced in the federal district court for Arizona. This secret removal of poor and middle income peoples legal rights has been accomplished far from the public limelight, as it is a technical issue that most people simply dont understand and dont pay attention to that is until it happens to them. Now that the Arizona District Court has ruled against Swifts arbitration motion, and said that the case must remain in federal court, the next step after these appeals will be to revisit the class and collective action motions. Swift Settlement Update Posted April 2, 2020. 1-5 Months Instead, Swift argues that the District Court erred by considering the Lease as well as the Contractor Agreement in reaching its decision. Because the release language in the settlement could be taken to mean that Owner Operators give up claims which are being raised in this case, such as Swifts and Centrals failure to pay Owner Operators minimum wage during the time they hauled freight for Defendants, Getman Sweeney is extremely concerned that the Montalvo/Calix settlement is not in any Owner-Operators interest. Click here to read Plaintiffs Reply brief. Swift Settlement Update Posted March 27, 2020. Newly minted billionaire getting a salary of 200,000 per month?! last edited on Wednesday, May 12 2010 at 6:11pm, Posted on Tuesday, April 6 2010 at 11:48am, On April 2nd, Plaintiffs moved for a preliminary injunction to stop Swift and IEL from instituting collections measures and to prevent them from furnishing negative credit reports on drivers they consider to be in default. Having your own authority paying your own insurance, getting your customers is what makes youIndependent..!!!! He passed away in a tragic car wreck in 2014. I work for them 11 years ago and I knew something was Fowl in Phoenix. We will post more information as it becomes available. If you decide to contact Swift Transportation about company driver or lease purchase opportunities please call Michelle Cantrell at 864-968-7605 and give her my driver code of WIRDA1 or give them my truck number 222999. We opposed Swifts application for a stay and asked the Court to sanction Swift for a frivolous motion. Here's the band's information: The Brothers Roberson:This is why I do this https://thebrothersroberson.bandcamp.com/album/why-i-do-this-singleMy email: truckertodd806@gmail.com Instagram:Trucker_Todd_806If you would like to make a donation to the channel via PayPal, it would be greatly appreciated. "We know that starting and running your own truck driving business can be risky . . Owner ops and leases are endangered always.Check your last settlement, Ther all crooks and back stabers not only swift its Prime inc to and Werner and look how arrow did there drivers money hungry bums. Now tell me how thats any different than most owner/ops. Then do a check on their Swift lawsuit update. On July 15th, 2015, Judge Sedwick granted the Drivers motion to compel discovery responses (see update dated August 18, 2015), ordering Swift to produce the requested documents, yet Swift has refused to comply with those requests. Paste this link into your browser to listen to the argument: The lawsuit claims that Swift treated truck drivers who leased trucks through the company as independent contractors even though they acted as full-time employees. Please call if your lease ended over three years ago and you wish to join the case. Swift offers several lease programs to help drivers get into their own vehicle. Pretty soon theyll tell you we pay as the crow flies. Getman Sweeney would like to speak with former Swift Owner Operators who have documents or other evidence (such as photographs, emails, QualComm messages) concerning: 1) collections efforts by Swift after turning in their truck or having it repossessed, or Finally, Plaintiffs claim that the arbitration clause is unconscionable for various reasons, including the provision of a shortened statute of limitation, imposition of the Commercial Rules instead of the Employment Rules, imposition of heightened costs on the Plaintiffs, and the ban on class action arbitration. Specifically, two sections, Paragraph 16 (Reclassification) and Paragraph 17(E) (Indemnification in relation to unsuccessful proceedings alleging employee status of Contractors workers), will not apply with respect to any relief granted to the parties in the Van Dusen lawsuit. The Ninth Circuit may take as long as it wishes, either to schedule argument or to decide the appeal without argument. They wouldnt have to if their lawyers did their job when the contract was originally drafted. The very first line in my JB Hunt contract states that I am not an employee and a few lines later says this is an at will contact and can be terminated by either party with notice. Required fields are marked *. The Supreme Court today denied Swift Transportations motion to hear Swifts argument as to why the 9th Circuit Court of Appeals was wrong. There accidents prove thats not the case, give them enough rope maybe they will hang themselves. Merrill is now the lead plaintiff in a lawsuit filed in federal district court in Denver, alleging that Pathway and CFI acted as "joint employers" of the lease drivers, mis-classifying them as. All checks will be mailed by USPS to the address the claims administrator (Settlement Services, Inc.) has on file for each class member; there is no direct deposit available for this settlement, and no one will ask you for credit card or checking account information in order to receive your settlement check. The Ninth Circuit Court of Appeals issued a ruling today holding that a Court must determine whether the Federal Arbitration Acts exemption for employees in interstate commerce applies to truck drivers such as the Plaintiffs in this case. Click here to review Swifts opposition brief. The best source for current case updates is the website. Finally someone had defined what independent means..thank you. Swift was my first trucking job back when I got my CDL in 2010. Since Swift is the largest truckload carrier in the United States however, the number of drivers who could file claims against them could be as high as 15,000. We will continue to post new information as it becomes available. Also, on the plus side for Plaintiffs, arbitration is a much more streamlined process and Swift is unlikely to be able to tie up the litigation for long periods of discovery in which they would be able to depose and question truckers for months or years before trial. Plaintiffs moved the Court to lift the stay in order to require Swift to provide names and contact information for all drivers who may be able to participate in this case, and the Court required Swift to provide this information by June 19th. But unlike his competitors, he doesnt have his nuts in one basket. Pretty much that is all carriers none that I know actually pay you for the amount of miles you actually run hell on weeks where I do eventually put in a 3000 mile pay week I pretty much put in about 3300 to 3500 and we have to always log everything we do because of dot saying if we are away from home we are working so then they should start paying us for that. Because the release language in the settlement could be taken to mean that Owner Ops give up claims which are being raised in this case: such as whether Swift engaged in Forced Labor by using the DAC Report to force drivers to continue to work for Swift, Getman Sweeney is extremely concerned that settlement is not in any Owner-Operators interest. Low Monthly Payments Plus Regular Miles Let's start off by looking at the costs of leasing a truck from PAM vs. what a truck will run you with other truck lease purchase programs. . Prime should be sued next, lease ops can not haul other freight, and have no choice on loads. Video Update About Status Of The Case Posted on January 25, 2012. Ill gladly take whatever I get from this. The courts video feed of the argument is available here. #1 NEVER READ YOUR OWN LEASE! Under the federal minimum wage law, back pay and an equal amount of liquidated damages are claimed for each violation. Author: TN, Chatanooga. Many drivers are also being pressured by their Driver Managers/Driver Leaders to sign, and it appears that the DMs/DLs are similarly being pressured to push their LOs to sign. (2.22 Def Letter Reply re Venue.pdf 354KB) The matter now sits with Judge Berman. X | CLOSE. On February 23rd, we filed an opposition to the transfer of venue. The company is obviously continually, rolling over the saved fuel money & or, pocketing it themselves. The timeline for a decision is uncertain. Plaintiffs also made a motion to add two additional named representatives. Two important decisions were rendered by the Ninth Circuit court of appeals with respect to FedEx drivers. If you havent heard of consolidated freightways you havent been in the industry very little long. In a lease-purchase agreement, or lease-to-own trucking program, you need to make a down payment on the truck, but you own it at the end. Another thing is we run husband & wife team. Its disturbing that alot of workers side and defend big corporations that screw them over. There are many other examples that I cant think of at the moment, but you get the gist. Plaintiffs continue to believe that the District Court erred by referring to the arbitrator the question of whether the case is exempt from arbitration under Section 1 of the Federal Arbitration Act. This will ABSOLUTELY be over turned. After trip, drivers do not get wat is left of that fuel $$, paid to them. With 660,277 truck driver applications in our driver database and many more added each day, we are your best source for all types of trucking candidates. Their lies have benefited them at the expense of destroying many a drivers careers. Please also send us a copy of your letter. Motion to Compel Discovery Responses (Docket # 631), Motion to Compel defendants to testify [in depositions] (Docket #644), ordering the Defendant to respond to Plaintiffs discovery requests (Docket #645). 5 years wasted. meanwhile this creep has that every single month. last edited on Wednesday, February 9 2011 at 9:36am, Posted on Friday, December 10 2010 at 12:49pm. Swift has said that the contract must be signed by March 1st, 2017, and is retroactive to January 1st, 2017. A jury has ruled in favor of pop superstar Taylor Swift in a high-profile case in Denver. Corruption abounds. Plaintiff drivers filed aReply Brief. Click here to see the First Amended Complaint. Alot of people wont stand by and let a multi-billion dollar company screw them over and applaud a CEO taking home a monthly 6 figure paycheck. Getman Sweeney is hopeful that the Court will affirm our position and reverse the District Court, since the Ninth Circuit already ruled that Plaintiffs were correct on this precise question in its prior ruling on the mandamus petition. Since Levy and Vinson controlled the. The Order reads, in part. Despite numerous decisions to the contrary from Judge Sedwick, Swift continues to argue that the question of whether this case should go to arbitration (and, by extension, whether Drivers are Independent Contractors or Employees) hinges only on the evidence from the Contractor Agreements, and not from any other source of information (Dkt 15-15257 16-1). 4) mid-contract changes demanded by Swift or IEL under threat of having the truck repossessed or the driver put on safety hold until a signature is given. To protect the class, Getman Sweeney and Martin Bonnett have been trying to obtain an agreement from Swifts attorneys to the effect that claims in this case would not be barred by that settlement, if approved by the District Court for the Eastern District of Virginia. Typically, cases such as these are certified (or not) fairly early after filing and if certification is granted notice is mailed to all the people who might be eligible to join. We continue to believe that the appeal is entirely improper since appeals are only available from a final order (deciding a claim) or if a statute confers the right to an interlocutory appeal and the Court of Appeals stated this issue would be considered in our opposition brief. .. ive yet to find a trucking Co. or broker who is hounst in the least. The drivers called for discovery and a trial; Swift said the Court should make a decision based solely on the contract and lease. No person who has joined this lawsuit by filing a consent to sue should participate in such a meeting without the presence of a lawyer from Getman Sweeney. No big company is going to pay you for each & Every actual mile you drive. When a link to the live stream is available, we will post it here so drivers can watch the hearing live, or later, at a convenient time. WOW! We expect Judge Sedwick to reaffirm his prior ruling that he will hear the evidence to determine if drivers were misclassified and are in fact employees and not make the decision solely on the basis of the contract. Getman Sweeney Dunn does not yet have the tentative share information, so please do not call, as the information is unavailable. The lawsuit claims that Swift misclassified truck drivers who leased trucks through the company as independent contractors, when in reality they acted like employees. Now well find out how to go from here to a final resolution.. If the Supreme Court does not stay the case while it considers whether or not to take the case, the current stay will expire. The unfortunate thing is this lawsuit will be drug out, as stated previously, by big corporation. GPS! Our motion seeks to stop Lease collections efforts against truckers until the Court determines if the Lease is lawful. Thus, the Supreme Court decision eviscerates Swifts appeal of the District Court by claiming that the Court erred in finding the drivers to be employees, rather than contractors. It is the very definition of the words wage slave. This ruling will be appealed, swift could be sold, bankrupted etc..The Lawyers will drag this out for years. Lease purchase Lease Operator (Former Employee) - Cedar Rapids, IA - November 16, 2021 This is a great company to lease purchase a truck with, you have to be able to plan your own loads and not wait for a dispatcher. They arent paying what they owe. This is a significant victory for the Drivers in this case. The Swifties are seeking a penalty of $2,500 for each violation, which could add up, based on the millions of angered fans who did not receive tickets. WOW! Once the appeal is fully briefed the court may or may not assign a date for oral argument. Late last year, Swift estimated that it would need to pay $22 million to the 1,300 class-action members who brought a suit against Central Refrigerated (which Swift Transportation now owns). Recent Filings and Decisions Posted August 18, 2015. Please refer to a prior article where I discussed important elements that an arbitration agreement for independent contractors and employees should include. We are hopeful that if the settlement is finally approved it will result in payments early in 2020. Other grounds for unconscionability include the imposition of liquidated damages and the mischaracterization of employees as independent contractors. (187 p Reply in Support MOTION to Certify Class.pdf 78KB), Posted on Tuesday, July 20 2010 at 2:33pm. We will be in touch with affected clients individually following additional discussion with the lawyers for the parties in the Montalvo case and/or after the final settlement fairness hearing with the court on October 30, 2015. (ComplaintNY.pdf 76KB), 1106 LODGED Proposed Joint Motion for Preliminary Approval of Class Action Settlement 1105 MOTION for Leave, 1106 1 Exhibit 1 Class Action Settlement Agreement, 55 Filed order case is removed from calendar, 30 Amicus brief Submitted by Public Justice, 883 P. RENEWED MOTION to Conditionally Certify A FLSA Collective Action and Authorize Notice to be Issued to the Class Doc.

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