Slack, et al. v. Swift Transportation Co. of Arizona, LLC
If you drove a truck for Swift Transportation Co. after July 18, 2008, as a dedicated driver assigned to a Washington position and/or terminal, a class action lawsuit may affect your rights.
If you received a copy of the Notice in the mail, it is because Swift Transportation Co. (“Swift”) records indicate that you were assigned to a Washington position and/or terminal and may have been a dedicated driver at some time after July 18, 2008, and may be a Class Member.
For purposes of this class action, “dedicated driver” means any current or former employee driver who, at any time after July 18, 2008, was assigned by Swift to a terminal and/or customer facility physically located in the state of Washington and, during that assignment, drove routes for a single specified customer account.
Drivers who were exclusively over-the-road drivers are expressly excluded from the Class.
- Troy Slack, Jacob Grismer, Richard Erickson, Scott Praye, Gary H. Roberts, Robert P. Ulrich, Henry Ledesma, Timothy Helmick, Dennis Stuber, Eric Dublinski, and Sean P. Forney (collectively referred to here as the “Class Representatives”) have sued Swift Transportation Co. claiming:
- That Swift paid by the mile and failed to pay overtime or the reasonable equivalent of overtime, to its Washington-based drivers as required by Washington State law for all hours worked over forty hours in a work week; and
- That Swift failed to pay its Washington-based drivers for time spent in new driver orientation in a Washington location; and
- That Swift unlawfully deducted portions of its Washington-based drivers’ mileage pay as a function of Swift’s Per Diem program.
- Swift denies Plaintiffs’ claims and maintains that its payment practices are lawful.
- The Court has conditionally ruled that this lawsuit may be maintained on behalf of a class consisting of all current and former Swift employee dedicated drivers who were assigned by Swift to a Washington position and/or terminal after July 18, 2008; and
- Who were paid by the mile and worked in excess of forty hours in a week; or
- Who participated in and completed Swift’s new driver Orientation Program in a Washington location; or
- Who participated in Swift’s Per Diem program for mileage-based drivers.
- The Court also ruled that the Class Representatives and their attorneys can represent the Class Members.
- The Court has not decided whether Swift did anything wrong. There is no money available now and no guarantee there will be. Your legal rights are affected by this class action. You have a choice to make.
YOUR LEGAL RIGHTS AND OPTION IN THIS LAWSUIT
Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue Swift separately about the same legal claims in this lawsuit.
ASK TO BE EXCLUDED
Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded and money or benefits are later awarded in this lawsuit, you won’t share in those. But you keep any rights to sue Swift separately about the same legal claims in this lawsuit. To do so, however, you must hire your own attorney or file a lawsuit without an attorney.
- Your rights and options are explained in the Notice. To ask to be excluded, you must act before August 19, 2016. Section 8 of the Notice explains how to opt out of the Class and this lawsuit.
- The Class Representatives and their attorneys must prove the claims against Swift. If money or benefits are obtained from Swift, and you do not exclude yourself from the Class, you will be notified about how to obtain a share. If the Class Representatives and their attorneys fail to prove their claims and you do not opt out, you will receive nothing.