Slack v. Swift Transportation Class Action

Frequently Asked Questions

  1. Why did I get a Notice?
  2. What is this lawsuit about?
  3. What is a class action?
  4. Who represents you?
  5. What happens if I do nothing at all?
  6. What happens if I ask to be excluded?
  7. Will I be retaliated against for remaining in this lawsuit?
  8. How do I ask the Court to exclude me from the Class?
  9. How do I get more information?
  1. Why did I get a Notice?

    Swift’s records show that you may be included in this class action lawsuit.  The Notice explains that the Court has allowed the lawsuit to proceed as a class action lawsuit. There has been no determination of the merits of the lawsuit. You have legal rights and options, explained in the Notice, that you must act on by August 19, 2016.  Judge Benjamin H. Settle of the United States District Court Western District of Washington at Tacoma is overseeing this class action. The lawsuit is called Troy Slack, et al., v. Swift Transportation Co. of Arizona, LLC., NO. 3:11-cv-05843-BHS.

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  2. What is this lawsuit about?

    The Class Representatives claim that Swift failed to pay overtime, or the reasonable equivalent of overtime, to its Washington-based dedicated drivers for work over 40 hours per work week as required by Washington State law, or that Swift failed to pay its Washington-based dedicated drivers for time spent during orientation in a Washington location, or that Swift unlawfully deducted portions of its Washington-based drivers’ mileage pay as a function of Swift’s per diem  program.

    The lawsuit seeks money for damages Class Members allegedly suffered as a result. Swift denies that it did anything wrong or that it is liable for any damages.  No decision has been made about who is right: Class Representatives or Swift.  The Class Representatives will have to prove the Class Members’ claims at a trial.  

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  3. What is a class action?

    In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims.  Together these people are called a “Class” or “Class Members.”  One court resolves the issues for everyone in the Class, except for those who ask to be excluded.

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  4. Who represents you?

    If you do not exclude yourself from the Class, you will be represented by attorneys of Hagens Berman Sobol Shapiro LLP, 1918 Eighth Ave Suite 3300, Seattle, WA 98101, phone: (206) 623-7292, as “Class Counsel.”  Other lawyers may also be involved in the case.  The Court also approved the Class Representatives to represent you as Class Representatives on one or more of the claims. If the Class Representatives prevail on behalf of the Class on any of the claims, Class Counsel may ask the Court for fees and expenses.  You will not have to pay any of these fees and expenses directly. If the Court grants their request, the fees and expenses may either be deducted from any money obtained for the Class or may be paid separately by Swift.  In no event will individual Class Members be obligated to pay any judgment, Court costs, or lawyers’ fees for participating in this lawsuit.  You may hire your own lawyer to represent you in this class action, but if you do, you will be responsible individually for that lawyer’s fees and any expenses.  

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  5. What happens if I do nothing at all?

    If you do nothing, you are choosing to stay in the Class. This means you will be legally bound by all orders and judgments of the Court, whether favorable or not, and you will not be able to sue or continue to sue Swift about the legal claims in this case separately. If money or benefits are awarded or obtained, you will be notified and given instruction on how to share in the money and/or benefits.

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  6. What happens if I ask to be excluded?

    If you exclude yourself, you cannot get any money or benefits from this lawsuit if they are awarded or obtained, but you will keep any rights to sue Swift for the same claims in a different lawsuit, now or in the future. If you exclude yourself, you will not be bound by any orders or judgments in this case.

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  7. Will I be retaliated against for remaining in this lawsuit?

    Federal and  state law prohibit Swift from discharging or in any other manner discriminating against you because you joined this lawsuit or in any other way have exercised your rights under state and federal laws.  

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  8. How do I ask the Court to exclude me from the Class?

    To ask to be excluded from the Class, send a letter postmarked by August 19, 2016, to Troy Slack, et al. v. Swift Transportation Co. of Arizona, LLC Administrator, c/o KCC Class Action Services, P.O. Box 6002, Larkspur, CA 94977-6002. Your letter must state that you want to be excluded from Troy Slack, et al., v. Swift Transportation Co. of Arizona, LLC., Case No. 3:11-cv-05843-BHS and include your name, address, and signature. 

    Swift is represented by [Swift to provide counsel identification]  If you exclude yourself from the Class, you may contact Swift’s counsel to discuss this case.  If you do not exclude yourself from the Class, you should not contact Swift or its counsel directly about this case. 

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  9. How do I get more information?

    Call 877-369-4086 or write to Troy Slack, et al. v. Swift Transportation Co. of Arizona, LLC, c/o KCC Class Action Services, P.O. Box 6002, Larkspur, CA 94977-6002.

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