Slack v. Swift Transportation Class Action Website

If you drove a truck for Swift Transportation Co. at any time between July 18, 2008 and October 10, 2017, 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 any time between July 18, 2008 and October 10, 2017. You may be a Class Member.  

The Notice provides information about a proposed class action settlement concerning allegations that Swift : (i) failed to pay overtime to its Washington-based dedicated drivers ("Overtime Claim"); (ii) failed to pay certain Washington-based dedicated drivers for attendance at company orientation in Washington State ("Orientation Claim"); (iii) made unlawful deductions from the wages of Washington-based dedicated drivers who participated in the company’s per diem plan ("Per Diem Claim"); and that (iv) Swift did all of these things willfully.

Swift denies these allegations and denies it did anything wrong.

All Class Members are eligible to participate in the settlement of the Overtime Claim. Not all Class Members will qualify to participate in the settlement of the Orientation Claim or the Per Diem Claim. Read the Notice carefully to determine what aspects of the settlement you may qualify for and what action you must take to protect your rights.

The relevant time period for this Class is July 18, 2008 through October 10, 2017 (the "Class Period").

The Court in charge of this case still must decide whether to approve this settlement, and payments will only be made after the Court grants "final approval" and after any appeals are resolved. Please be patient; this process can take a long time.

 

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

Do Nothing and Receive a Payment for Overtime Claim

If you are a member of the Class, you will automatically receive a payment related to the settlement of the Overtime Claim, if you do not exclude yourself.

In exchange for the settlement payment, you will release claims against Swift as detailed in the Notice.

Do Nothing and Receive a Payment for Per Diem Claim (If Qualified)

If you are a member of the Class and participated in the Swift per diem plan during the Class Period, you will automatically receive a payment related to the settlement of the Per Diem Claim brought in this lawsuit, if you do not exclude yourself.

Not all Class Members will have a qualified Per Diem Claim. Details of your eligibility are provided in the Notice.

In exchange for the settlement payment, you will release claims against Swift as detailed in the Notice.

Submit a Claim Form for Orientation Pay and Receive an Additional Payment (If Qualified)

 

If you are a member of the Class and attended Swift orientation in Washington State during the Class Period and were not fully paid for that attendance, you may fill out a Claim Form.  Not all Class Members will have a qualified Orientation Claim.

You will receive a payment related to the settlement of the Orientation Claim, if you have a qualified Orientation Claim and you submit a Claim Form, and you do not exclude yourself.  In exchange for the settlement payment, you will release claims against Swift as detailed in the Notice.

Instructions on submitting an Orientation Claim are provided in the Notice.  Your Orientation Claim must be postmarked by December 3, 2018.

Update Your Address

After final approval by the Court, your payment will be mailed to you at the same address as this Notice. If your address has changed, please notify the Settlement Administrator.

Opt Out (“Exclude Yourself”) from the Settlement

To exclude yourself from the settlement, you must send a letter to the Settlement Administrator. If you request exclusion, you will receive no money from the settlement and will release no claims. If you exclude yourself from the settlement, you may not also object to the Settlement

Instructionson requesting exclusion are provided in the Notice.  Your exlusion letter must be postmarked by December 3, 2018.

Object to the Settlement

You may write to the Court about why you do not like the settlement. If you object to the settlement, and the Court overrules your objection, you will still be bound by the settlement, you will still receive your settlement payments, and you will still release claims against Swift as detailed in the Notice.

Instructions on objecting are provided in the Notice.  Your objections must be postmarked by December 3, 2018.

Final Approval Hearing

The Court granted Final Approval of the Settlement on February 14, 2019.  The Class payments are expected to be issued in April 2019.  Please make sure the Settlement Administrator has your current address.