Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Court Finds Swift Contract Workers Were Employees

An Arizona court has ruled that independent-contractor drivers were effectively and legally employees in the latest update of a class-action lawsuit against Swift Transportation.

Steven Martinez
Steven MartinezWeb Editor
January 11, 2017
Court Finds Swift Contract Workers Were Employees

Photo by Evan Lockridge

2 min to read


Photo by Evan Lockridge

An Arizona court has ruled that independent-contractor drivers were effectively and legally employees in the latest update of a class-action lawsuit against Swift Transportation.

Ad Loading...

On Jan. 5, the District Court in Arizona granted a partial summary judgment to the five drivers involved in the lawsuit, declaring them employees despite Swift considering them contract workers. The drivers' suit contended that because they were not classified as employees, they missed out on wages required by law.

Ad Loading...

Although the drivers were regarded as independent contractors by Swift, the court found that because they worked exclusively for Swift and drove trucks that were leased from Swift, they were not functionally able to work for another fleet at the same time.

“Plaintiffs had much less control of their schedule than defendants contend,” the court stated in the judgment document. "Even though plaintiffs were not explicitly required to work a set number of hours, the combination of the contractor agreements and the IEL leases dictated a minimum amount of time plaintiffs needed to drive for Swift in order to pay the weekly rent for the leased truck."

Swift’s attorneys argued that, within the confines of the independent contractor agreement, the drivers were still able to choose to take multiple loads or refuse loads for better ones to increase profits. The court also disagreed with this line of argument.

While "defendants argue that there were ways plaintiffs and other contract drivers could use their 'business acumen, hard work, and enterprise' to make a profit and establish an autonomous business,'" the court said the evidence showed "it was impracticable for plaintiffs to establish their independence from Swift in order to maximize profits."

Swift has not yet responded to an HDT request for comment on the case.

Ad Loading...

This lawsuit is one of many similar driver misclassification claims across the industry. Often taking place at trucking companies that service ports, the suits all similarly allege that while the company does not consider these drivers are employees, they are not truly independent and should be classified as employees subject to the Fair Labor Standards Act.

California in particular has made an effort to crack down on the practice of hiring drivers as independent contractors in cases where it could violate labor standards, which has led to millions of dollars in settlements against trucking companies, in some cases leading to bankruptcy.

More Fleet Management

Brian Antonellis, senior vice president, fleet operations, Fleet Advantage.
Fleet Managementby Jack RobertsApril 17, 2026

HDT Q&A: Brian Antonellis on the Growing Need to Replace Old Trucks

Fleet Advantage's Brian Antonellis says it's time for fleets to get back to the fundamentals of good maintenance practices. And that includes replacing older, inefficient equipment.

Read More →
Illustration of computer and mobile screens with load matching software superimposed over photo of an oversize load
Fleet Managementby News/Media ReleaseApril 17, 2026

Truckstop.com Adding to Open Deck, Heavy Haul Offerings

Load matching for flatbed, lowbed, oversize and overweight loads can't be automated like basic van freight, but Truckstop.com is adding more high-tech tools to help.

Read More →
Trucker Path, Truckstop.com partnership expands.
Fleet Managementby News/Media ReleaseApril 14, 2026

Trucker Path, Truckstop.com Expand Load Access Partnership

An expanded Trucker Path and Truckstop.com integration brings more freight opportunities into the TruckLoads app while emphasizing security and network quality.

Read More →
Ad Loading...
DAT TVI March 2026.
Fleet Managementby News/Media ReleaseApril 14, 2026

Truckload Rates Hit Two-Year Highs as Diesel Costs Surge, DAT Says

Strong March freight demand combined with a spike in fuel costs pushed both spot and contract truckload rates to their highest levels in more than two years.

Read More →
Cloud computing concept background with human and robot hands concept
Fleet ManagementApril 14, 2026

The AI Conversation You Need to Have with Your TMS Provider

Everyone’s talking about AI — but is your transportation management system actually built for it?

Read More →
Sharp Transportation tractor-trailer
Fleet Managementby News/Media ReleaseApril 14, 2026

Kriska Buys Fellow Canadian Carrier Sharp Transportation Systems

Being part of KTG will allow Sharp to expand and improve its services.

Read More →
Ad Loading...
Illustration with stacks of money and a shattered car windshield
Fleet Managementby Deborah LockridgeApril 13, 2026

Bill in House Would Raise Minimum Insurance for Motor Carriers to $5 Million

The Fair Compensation for Truck Crash Victims Act would increase insurance requirements for interstate motor carriers by nearly seven times.

Read More →
FTR market report for February 2026.
Fleet Managementby News/Media ReleaseApril 10, 2026

FTR Trucking Conditions Index Hits Four-Year High in February

Strong freight rates push TCI to 10.2, but FTR expects fuel-price volatility to skew March results.

Read More →
C.H. Robinson intermodal.

C.H. Robinson Offers Carriers Relief as Diesel Prices Surge

C.H. Robinson is waiving fees on fuel cards and cash advances for April and May, aiming to help carriers offset rising diesel costs tied to geopolitical instability.

Read More →
Ad Loading...
Fleet Managementby StaffApril 8, 2026

What Trucking Events are Happening in 2026?

Looking for trucking-related conventions, expos, and other events? Heavy Duty Trucking has developed this list of national and larger regional trucking shows and events.

Read More →