Current Case Status
If you drove for Swift Transportation Co. as an owner operator on or after Mar. 6, 2001, or as an employee driver, on or after Apr. 9, 2009, you are a member of our certified class. The trial court has certified one claim for class-action treatment: breach of contract based on a breach of the covenant of good faith and fair dealing related to Swift’s payment methodologies. In July, 2016, the Arizona Court of Appeals affirmed that the case should proceed on that claim as a class action. In early 2017, the Arizona Supreme Court declined to review the Court of Appeals’ decision, meaning Swift has no additional avenues to challenge certification of the breach of contract claim. We are currently in the final stages of discovery and preparing for trial. The trial court has set a trial for Feb. 24, 2020, through Mar. 12, 2020.
More information about this case can be found through the class website at www.SwiftTruckingClassAction.com. This website, as well as our own, will be updated periodically as more information becomes available.
As part of the firm’s investigation in this case against Swift, our legal team is looking at the pay practices of other trucking companies. If you have worked, or currently work, for another trucking company that pays per mile, and would be willing to share any documents that reference pay with us—such as employment contracts, driver manuals or training materials—please contact us.
Hagens Berman has filed a class-action lawsuit on behalf of all employee truck drivers against trucking company Swift Transportation. The lawsuit seeks recovery for an alleged years-long practice of shortchanging drivers for the actual miles they drive from location to location.
The suit claims that Swift ignores reports from drivers showing the actual miles driven, and instead uses an artificial calculation that credits drivers for significantly fewer miles.
Comparing one trucker's actual miles driven to the miles paid for by Swift show the company reducing trips by up to 140 miles when paying the trucker, the suit claims.
According to the complaint, Swift used this shortchanging practice for several years, and other major trucking companies may also have engaged in this unfair, illegal tactic.
Hagens Berman seeks to hold Swift and any other companies involved responsible for repaying each driver fair compensation for the actual miles driven versus the low figures utilized by the company's formula.
The suit seeks to represent all Swift Transportation drivers employed on or after 1998 and who were paid on the basis of miles driven. To see if you or others you know qualify to participate in this lawsuit, please contact us for more information.
Drivers who worked for the company between 1998 and the present and who believe they may have a legal claim can contact the firm.
Additionally, we are also looking at issues relating to the payment of Driver Managers. If you or anyone you know has information regarding Driver Manager pay, please have them contact us.
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