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Lawsuit Against Swift Transportation Certified as Class Action

August 21, 2013

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More than nine years after a suit was first filed against the carrier Swift Transportation, over claims it cheated drivers out of compensation, it has been certified as a class action.

Swift potentially faces claims from drivers over how they were paid. Photo: Evan Lockridge
Swift potentially faces claims from drivers over how they were paid. Photo: Evan Lockridge

The move by an Arizona judge means litigation should proceed, involving potentially tens of thousands of truckers. It claims Swift used the Household Mover’s Guide, which on average produced mileage figures that are less than actual miles driven, to calculate mileage driven compensation, and did so without disclosing the practice. The result, the suit claims, is shorting driver compensation up to 10% at times.

The Arizona Superior Court has conditionally ruled the lawsuit is on behalf of one class consisting of owner operators who were given mileage-based compensation by Swift from March 2, 2001 onward. The second involves employee drivers of Swift who were paid by the mile from April 9, 2009 onward.

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The case was earlier granted class action status in 2010, but Swift appealed, and that led to more legal wrangling by both sides, delaying the case.

Drivers that do not want to be a part of the lawsuit have until September 13 to ask to be excluded.

There is no indication when the case will go to trial.

Swift has denied in court any wrongdoing.

More details about the lawsuit are available online

Comments

  1. 1. John Mullen [ August 22, 2013 @ 06:12AM ]

    First, 9 Years after this action was filed it is certified as a Class Action. A Preime example of the need for tort reform and a tribute to corporate attorneys.Second, The outcome of this action should serve as a basis for follow up in the industry wide practice of short mile compensation. The add on of of an option to drivers who do not want to be part of the lawsuit openens the door for intimidation and has an odor of partiality for those who will opt out.

  2. 2. John [ August 22, 2013 @ 08:08PM ]

    Household movers generally use smaller trucks and shorter trailers, so they are allowed to take routes NOT ALLOWED for use by 53' trailers. They are also allowed to take routes farther from the interstates. Even when you take the absolute shortest route possible,(and some of those are NOT really safe to use), you still end up over on your paid miles. very rarely do you ever come out ahead.
    Trucking companies make their money up front, so if they can get by paying short miles, they can put more money in their pockets. ALL companies SHOULD BE REQUIRED TO PAY PRACTICAL MILES! PERIOD!

  3. 3. Larry Schraeder [ August 23, 2013 @ 06:59PM ]

    It frustrates me cause the bigger Carriers act like they are doing drivers a favor of hiring them but they are actually taking advantage of them when they don't pay them for their skills of driving and time away from home.And paying by zip code/zip code drivers are getting cheated by 20 miles or more .The Bible says That a man is worthy of his hire. I am dealing with my former employer(Great Wide) out of Cleburne Tx with Walmart. Seems like the Labor Board could do something about all this

  4. 4. Don Hedbany [ August 24, 2013 @ 08:36AM ]

    Stay away from Swift. Very bad company to work for.

  5. 5. Shane Story [ August 25, 2013 @ 05:55AM ]

    The Household Movers Guide is as much as 15-20%less than actual mileage. The 10%, stated in this article, is way under the actual true mileage difference.

  6. 6. John Mullen [ August 25, 2013 @ 07:40AM ]

    Comment on the comments : Practical miles also show less than actual miles
    2nd - Labor board has no say on this. They can see to it you receive minimum wage for driving and on duty - trucking is exempt from National Labor Laws.
    Short pay miles and no pay delays are part of the game. Is there a recruiter in the house ?

  7. 7. David [ August 29, 2013 @ 05:59AM ]

    if it is as they say that the miles balence out why would they fight this lawsuit so hard? I've been shorted as much as 150 miles at times rarely do they come out more miles than we actually drive or even close.

  8. 8. valorie [ September 10, 2013 @ 11:10AM ]

    I think you need to check to see if the miles paid even matched the household movers guide in the first place. One of the other big companies data base program doesnt always match the guide. I bet you can guess who gets to pocket the difference. Not the driver for sure. At times its amost 25 percent less than the actual drive. Talk about greed.

  9. 9. Crystal Nicole Copeland [ September 17, 2013 @ 07:50AM ]

    I worked my ass off as a solo driver for swift and I knew then that my miles on loads weren't in comparison to Randy McNally and this will be the second time I was involved in a lawsuit with Swift. Talk about the amounts of money that Swift was receiving by the looks of the freight bill and the driver was lucky to make hundreds. I literally hauled a lot of high value loaded material and this company really didn't seem to appreciate it's drivers. I hated this company so bad I went to nursing school to be an RN instead.

  10. 10. Mac [ September 20, 2013 @ 07:37PM ]

    And thepay zip code to zip code, its a lie you may go 30 miles across a major city to get an empty and they pay 1 mile, DMs don't fix it, and your hourly local pay on short loads is paid less than never. most drivers don't even know they are elegible for local pay or detention or higher rate on short loads

  11. 11. Greg Davis [ November 06, 2013 @ 10:09AM ]

    As an owner operator I trained people on a dedicated run from coast to coast will I get the penny a mile that my students ran for 12 months after they were trained sounds trival but we all know they were ripping us off

  12. 12. BigDuke [ November 23, 2013 @ 08:15AM ]

    Swift spends millions on lawyers and litigation every year. As long as they feel there is still a pool of hungry desperate Americans to take advantage of nothing is going to change. They are the WalMart of the trucking industry. They rip you off and expect you to say thank you.

  13. 13. jerry [ December 09, 2013 @ 01:37PM ]

    I. Can't wait to get my money from swift they ripped me off so much ...

  14. 14. STEVEN ROBINSON [ December 21, 2013 @ 12:08PM ]

    It's about time.I had delivery records that were not mine.I was shorted many times and told my DM and he did nothing about it.Swift is a terrible company to work for. I sat waiting for loads as long as 5 day's and sometimes longer.When u got a long load they cheated on miles.I have all my load conformation. Do the math!!!!

  15. 15. Rob [ February 17, 2014 @ 09:58AM ]

    I drove for swift and got the shaft. After an accident that they deemed my fault while DOT stated in a report it was beyond my control I was terminated. I wasn't allowed to get any of my belongings out of the truck and was told if I got in the truck I would be arrested. I had to drive to Phoenix from IL to get my stuff. The truck was in MN when the accident occurred. Yet my stuff was moved to Phoenix?? When I got the box with my belongings, everything of value was gone.

  16. 16. gary [ May 23, 2014 @ 06:56PM ]

    I am currently a Swift company driver. It's crazy how much they rip us off. The best part is when you question them.... It gets real quite no response not a word...

  17. 17. Donald Hunt [ June 05, 2014 @ 08:17AM ]

    I must say that loved working for swift. It was the best paying job I've ever had. However, I quickly relised how much I was being cheated. Often times id file a lumper pay request and was denied. I unloaded trailers for free. I found myself being layed over without being paid. Even though, their are banners in every terminal bragging that they do. It got so bad that id just refuse to take loads under a 100 miles. Because I would be paid the 40 dollars. I would be paid the milage. As fuel prices jumped in late 08'. It got even wrose. So I put up with. I just told myself that it was better than flippen burgers. Thats until 10'. We I was cheated out of a cross country run. I had the trip pak confirmation number and everything. My advice is to work for a different company.

  18. 18. Donna [ July 21, 2014 @ 02:54PM ]

    When I worked for swift I sat more than I drove. The fleet managers are disrespectful and they don't care about their drivers. They are always cheating the drivers out there miles and money...........

  19. 19. Caron [ July 22, 2014 @ 12:55PM ]

    Has anyone heard anything about the status of this lawsuit?

  20. 20. john [ July 23, 2014 @ 03:08PM ]

    I worked with swift for the training program during the training you get a lot of miles but after that you're miles go way down it's too bad a company with that much money cant pay their employees better be nicer to their employees and value home time with their family like they say they do this is the worst company ever ever drop are

 

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