New Prime, Inc – better known to truckers as just Prime – has been locked in a legal battle for the past five years. The case has been a landmark one for driver issues including driver classification and forced arbitration agreements. Now Prime is hoping to bring this battle to close with a $28 million settlement with drivers. Anyone who has driven or even trained with Prime since 2012 could be eligible to share in the settlement.
Back in 2015, Dominic Oliveira filed a lawsuit against Prime. Initially it was a lawsuit over unpaid wages, but it turned into something much more. Oliveira alleged that Prime had failed to pay his full wages, misclassified him as an independent contractor, and breached their contract.
According to Prime, not only was Oliveira wrong, but he wasn’t even allowed to sue them.
That was because, like many drivers leased to large fleets, Oliveira had signed a forced arbitration agreement when he was hired. This is a shockingly common aspect of employee contracts which has employees waive their right to a trial. Instead they are forced into “arbitration,” a process by which legal disputes are settled by companies who are paid by the carrier to serve as “impartial” third-parties.
The battle over forced-arbitration agreements made it all the way to the U.S. Supreme Court. There, the justices unanimously ruled that since independent contractors are not employees, they are not subject to the 1926 Federal Arbitration Act, and so cannot be bound by forced arbitration agreements. In a statement, ATA said they were “disappointed” in the decision.
It was a ruling that had huge implications for workers’ rights nationwide. At the time, TruckersReport noted that the ruling would likely mean Prime and other carriers who have misclassified owner-operators in the past would be opened up to a flood of lawsuits. Indeed, a short time after, a second class action suit was filed along the same lines.
It now looks like Prime is ready to come to the table with a $28 million settlement in exchange for admitting no wrongdoing and putting this matter behind them. The terms of the settlement have not yet been agreed upon. If and when they are, they’ll also need to be approved by a judge before drivers will see a dime.
Eligible members of the class include those who trained with Prime, those who drove for Prime as employee drivers, and those independent contractors who leased their trucks through Prime.
Source: overdrive, freightwaves, truckersreport, truckersreport, truckersreport
James Holder says
All of these companies are the same treat you disrespectful and steal what little money you make with no concern for your safety ,health, or well being
R.J. says
Get the RESPECT you deserve…….drive for…. ! ! !
MA says
Lol
Harley D. says
Amen James! Amen!!!
Experienced Driver says
You should see the Prime terminal in Springfield. It looks more like a fancy driving school than it does a trucking company. Time to pay the piper. You have to learn to crawl before you learn to walk, but you are still worth more than .25 a mile as a rookie. One of these days, driver mills, I mean trucking companies, and rookie drivers will learn.
Jeff says
.25 cents. YOU GOT TO BE JOKING. I didn’t think any company was paying that low anymore. Unbelievable. That is what Swift was paying me 17 years ago. I’m wondering if that info is correct or hearsay. Just flat out hard to believe.
Tim Lookabaugh says
Wow, look out large carriers. I need the name of his attorney.
JAMES CARPENTER says
The ATA “ was disappointed “… Folks, the ATA is NOT an advocate of the American Driver!
deaconblues62 says
Yeah, I saw that too.
Wally says
Anti Trucker Azzholz🤷🏻♂️
jerry says
It’s always amusing to me when the guilty company, (bigshots hiding behind the company), & attorneys agree to pay out large settlements, like $28 mil, but admit no wrongdoing. Ha! There’s no way in hell your paying out that kind of settlement, (just to put it behind you), if you didn’t do exactly what was proven in court, guilty, no matter what way you slice it.
Rage says
Leasing is the biggest ripoff in the history of ripoffs!!
Pat says
Big companies have more 💰 to manipulate, ownwer or dont.
Al says
It was a Prime decision, thanks Supreme Court
deaconblues62 says
Congratulations Dominic Oliveria for Standing your Ground against these Crooks.
GREAT JOB MY MAN 👍🏼.
Unfortunately no cigar yet, A district court judge 👨⚖️ still has to approve the deal before the drivers receive any settlement money 💵.
Be careful, Primes Corporate Lawyers are the best in the country.
Here’s another GOLDEN OPPORTUNITY for truck drivers stick together to change the SLAVE MENTALITY we’re subjected too.
Good Luck Dominic.
deaconblues62 says
BUT, LOL, 😡, we all know there’s no chance that Drivers will stick together on anything.
I Love Real Truck Drivers, BUT I REALLY HATE DELIVERY BOYS, I REALLY HATE EVEN LOOKING AT THEM.
Wally says
👍😁👍
David Evans says
I am a former driver for New Prime Inc. Is there anyway you can provide me some information on what drivers need to do to apply for this lawsuit or who to contact?
ANGELA MILLS says
wonder how you sign up for the class action suit or get added to it I was once one of those who was taken in by this same company 2013