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 December 3, 2018. The Honorable 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 Slack v. Swift Transportation Co. of Arizona, LLC., NO. 3:11-cv-05843-BHS.Top
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.Top
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.Top
If you do not exclude yourself from the Class, you will be represented by attorneys of Hagens Berman Sobol Shapiro LLP, 1301 Second Avenue, Suite 2000, 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.Top
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 you remain 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.Top
The Overtime Damages Fund shall be the Settlement Fund less the total amount paid for Orientation Claims, Per Diem Claims, any Class Representative Service awards, and Taxes and Tax Related Expenses.
Each Class Member will be assigned a share of the Overtime Settlement Fund, which will be based on the Class Member’s actual overtime hours worked in a dedicated position (as reflected in Swift’s employment records), multiplied by such Class Member’s per mile pay rate at the time the overtime hours were worked. Each Class Member shall have Individual Overtime Damages equal to their share of the Overtime Damages Fund based upon the Class Member’s share of the Overtime Settlement Fund divided by the sum of all Class Members’ share of the Overtime Settlement Fund. Please read quetion #7 of your Class Notice for more details.
Not all Class Members have a qualified Per Diem Claim. To qualify for an award of damages for the Per Diem Claim, Class Members must have participated in the Swift Per Diem Plan.
Each Class Member with a qualified Per Diem Claim will receive payment that is equal to sixty-six percent (66%) of the Per Diem Plan amounts Swift withheld from the Class Member, without reimbursement, as reflected in Swift records. To determine if you are eligible to receive the Per Diem Claim award, please review question # 12 of your Class Notice.Top
To qualify for a payment for the Orientation Claim, you must have attended a Swift orientation in Washington State between July 18, 2008 and October 10, 2017 and not have been fully paid for attendance at the orientation.
If you believe that you attended orientation in Washington State between July 18, 2008 and October 10, 2017 and were not fully paid for attendance and Swift’s records do not reflect this, you must contact the Settlement Administrator and request a claim form. Please call the Settlement Administrator at 1-866-860-8929.
The Settlement Administrator is:
Slack v. Swift Transportation Co. of Arizona, LLC Settlement Administrator
P.O. Box 404000
Louisville, KY 40233-4000
The deadline to file your claim form is (postmarked by) December 3, 2018.
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.Top
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.
To ask to be excluded from the Class, send a letter postmarked by December 3, 2018, to
Slack v. Swift Transportation Co. of Arizona, LLC Settlement Administrator, P.O. Box 404000, Louisville, KY 40233-4000.
Your letter must state that you want to be excluded from Slack v. Swift Transportation Co. of Arizona, LLC Class Action, 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. You must mail your exclusion request, postmarked no later than December 3, 2018.Top
Any Class Member who has not requested to opt out of the Settlement and believes that the Settlement should not be finally approved by the Court for any reason, will have thirty-three (33) days after the date on which the Settlement Administrator mails the Class Notice to object to the Settlement by mailing a written objection to the Settlement, Service Payments, and/or the Attorneys’ Fees and Costs to the Court and to counsel.
You can object if you do not like any part of the proposed settlement, including the calculations for individual settlement amounts, or the request for the attorneys’ Fee and Expense Award, or the request for Incentive Awards to the Class Representatives. You can give reasons why you think the Court should not approve any or all of these items, and the Court will consider your views.
A Class Member who does not serve a written objection in the manner and by the deadline specified above will be deemed to have waived any objection and will be precluded from making any objection to the Settlement.
You CANNOT object in order to ask the Court for a higher payment for yourself personally, although you can object to the payment terms that apply generally to the Class. The Court can only approve or disapprove the settlement, but cannot change how much money you are personally eligible to receive from the settlement.
To object, you must mail your objection to the Court and to the Parties’ counsel.
To be timely, your objection must be mailed to the Court and counsel so that it is postmarked by December 3, 2018. Please review question # 19 of your Class Notice for full details on how to file an Objection to the Settlement, including the addresses for the Class Counsel, Counsel for Defendant, and the Court. A copy of the Class Notice is also posted on this website on the Case Documents page in both English and Spanish versions.
Payments for all valid claims will be mailed to eligible Class Members, but only after the Fairness Hearing, if the Court grants “final approval” of the settlement, and after any appeals are resolved. The exact timing is always uncertain.
As of the date of the Notice mailing, assuming no appeals, payments should be sent by March 2019.Top
Call 1-866-860-8929 or write to Slack v. Swift Transportation Co. of Arizona, LLC Settlement Administrator, P.O. Box 404000, Louisville, KY 40233-4000.