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.

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


  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

  21. 21. Angel [ September 13, 2014 @ 08:46PM ]

    I was cheated bad by them !I did the training program and got my license .only to find out they pass me under there passing standers not dmv standers !so I no longer have a class a license but still owe them and they will not even try to work me to get back on the rode.they passed me when I was not even ready to pass and had me driving but blame me when I did not pass at dmv but they passed me and I already had my license.i went into this program hoping to get the best but just got the worst out of it.they only care about there money and there freight not there drivers or there family's like they say like I said I wanted the best cuz my family but just got cheated thanks swift.

  22. 22. marcia [ September 16, 2014 @ 09:02AM ]

    The classes are a joke. You only get about 10 hours of actual drive time before they expect you to take the CAL test. Then they want another $750 to get you to pass

  23. 23. Aukuso Leatutufu [ October 03, 2014 @ 01:16AM ]

    I'm trying to see how to get my share!!!!!!

  24. 24. Rod [ March 02, 2015 @ 10:46AM ]

    I hauled for swift as a o/o from 2000 to 2010. In 2002 I became a trainer. My truck hardly ever stopped. I hauled coast to coast and I also hauled short loads. I was constantly on the Q-comm trying to find out why the loaded miles were so much different than the Rand McNally miles. Sometimes I would get a response saying the software that they use automatically calculates the mileage and they have no control over it. And a lot of time I would drive around all night looking for a empty trailer and never got a dime in compensation just a lot less hours that I could drive that day. On a lot of trips coast to coast I would be cheated out of 300 to 400 miles by the time I got to the final destination. It seemed like every load that they would cheat us out of some kind of pay that we were suppose to be getting. If it wasn't lumper pay it was layover pay. It was always something. If not that at the end of the week I would not get paid for a load that I had hauled that week. they would say the trip pak was missing. I knew better that that because I would send them all at once on Friday.

  25. 25. former driver [ April 08, 2015 @ 08:34PM ]

    Terrible to work for.

  26. 26. Mark.Wyatt [ May 26, 2015 @ 05:53PM ]

    They told me that if i worked for them they would reimburse my tuition but when they didnt and I tried to talk to them about it they would tell me that the person i needed to talk to was out to lunch.I'd try again a few weeks later"out to lunch"try again"sorry they are on vacation"this actually went on for over a couple of years and they told me "Its been so long now that I don't think we can still get it for you,so I parked my truck,went inside and gave them the paperwork, and told them I quit.They told me that I couldn't quit and that if I did I was abandoning a load.They stole my tarp pay,they stole my extra stop pay,they stole about 8-22% of my miles and they make politicians look honest.

  27. 27. Gary [ September 08, 2015 @ 09:30AM ]

    they been sticking to drivers for years as a company driver then as a owner op, I questioned it for a long time all it got me was a few good loads , the time I was with them was like just back up for it , be glad to see what kind of settlement they send me , or just another shuck an jive like before

  28. 28. Bruce Gerstemeier [ December 20, 2015 @ 02:35AM ]

    I worked for Calex TRUCKING out of Pittston pa. The give the same b.s. sales pitches as swift and other outfits. Why is this obvious cheating of truckers allowed to go on. The lying and conning this company's are doing is outrageous. It's nothing to be controlled by these companies for80to 140 hours per week with sub minimum wage return. Remember if you're new to the industry and inexperienced about how they pay versus what they tell you they pay, you're a victim of their fraud. Where's the government laws?

  29. 29. Former Employee [ January 30, 2018 @ 05:32AM ]

    I worked for them, never got lay over pay, never got detention pay, and they took the lumper fee out of my check and didn't reimburse me. They would not pay me for all my loads for the week. I have called and sent free form still no one would call me about this. I was struggling out on the road working for them. My checks where like 150 to 233. I was driving 2890 miles to 3000 miles. Always some lame excuse like my paperwork was not turned in which was incorrect. I would resend all of the paperwork for that week. They would pay me .38 sometime and .41 sometimes, .40 never right. This is the worst company to work for, they LIE LIE LIE LIE. What can I do about this?????


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