Class Action Lawsuit Against SWIFT Transportation

[cabinover]

PHOENIX, Aug 11, 2008 /PRNewswire via COMTEX/ -- Truck drivers who claim that Swift Transportation routinely shorted them in pay will get their day in court after all, when an Arizona appellate court judge reversed a lower court decision which effectively dismissed the case.

The order reverses the class certification ruling on a consolidated class-action complaint filed June 8, 2005, which alleges the trucking giant uses a flawed method to calculate mileage, shorting the drivers.

"We are very happy that the appellate court ruled in our favor," said Hagens Berman Sobol Shapiro attorney Rob Carey. "Since we filed the complaint, we've heard from numerous Swift drivers that Swift's mileage calculation method robs them of fair compensation. These drivers deserve their day in court, and now they'll get it."

The class-action suit originally sought to represent "all persons who contracted with Swift Transportation with a contractor agreement on the East Coast." The plaintiff moved for class certification on July 31, 2006, but the lower court denied the motion, ruling the plaintiff didn't have a claim under his proposed definition of the class and had not met the requirements to proceed on behalf of a class. In the memorandum decision reversing the trial court, the Arizona Court of Appeals found that the plaintiff does have a claim and can represent the interests of all affected contract drivers.

The case claims that rather than paying drivers on actual miles driven, the company calculates mileage using mileage charts. The suit claims that in doing so, the company arbitrarily assigns physical locations in large cities rather than determining the actual distance to a delivery destination within the city to shorten drivers' miles.

According to court documents, Swift's manager of contract finance from 1998 until 2002 admits these calculations consistently average six percent less than what drivers actually log.

The lawsuit alleges breach of contract, breach of the implied covenant of good faith and fair dealing based on Swift's failure to pay for all miles driven, and failure to accurately calculate miles.

Court Green-Lights Swift Trucking Class Action - MarketWatch

[2xR]

It appears the cost of doing trucking business may be about to spike.

75% (or more) of trucking companies use the Household Movers Guide for setting rates, and, paying drivers. I've always felt that if a trucking company wanted to set their rates from city limit to city limit that was fine, but, if a driver has to drive another 50 miles beyond those points, there should be compensation for the actual work accomplished.

Some companies use ProMiler to compute distance, and rates. I think it uses zip codes instead of city limits, thus the driver only gets gypped about 2%.

[TN. TRUCKERS WIFE]

This is common practice with almost every company.. Maybe something will to stop this also..even if it takes more companies being sued over it..

[Bullwinkle]

With Crete, I was paid practical miles, and I think every company should go that route. Paying on the household mover's guide does nothing but rip drivers off by making them work for free during a good portion of their trip.

It is good to see a lawsuit like this happening, and I think this should just be the beginning. Next should be getting paid for hours spent "on duty, not driving".

[TN. TRUCKERS WIFE]

Quote:

Originally Posted by Bullwinkle With Crete, I was paid practical miles, and I think every company should go that route. Paying on the household mover's guide does nothing but rip drivers off by making them work for free during a good portion of their trip. It is good to see a lawsuit like this happening, and I think this should just be the beginning. Next should be getting paid for hours spent "on duty, not driving".

My husband printed the news article and is going to post it at the office for everyone to see..

[lunachic]

Quote:

Originally Posted by TN. TRUCKERS WIFE My husband printed the news article and is going to post it at the office for everyone to see..

do what you do or what Jeff does and and send it to me, We have a co. here that rape's em.

[TN. TRUCKERS WIFE]

Quote:

Originally Posted by lunachic do what you do or what Jeff does and and send it to me, We have a co. here that rape's em.

I just sent it to you.. sent it to your email address..