Lawsuit Against Swift Transportation Forced labor Minimum wageThis lawsuit is brought

Everyday their is another blog about this lease/ buy/ rent whatever you want to call it. Everyone have the right to their own opinion, if a person thinks it will work for them let them do it if its not for you its not for you. It work for some it won't work for some, nothing in life everyone will agree on. If you decide to give everybody $1000 somebody will disagree with it. That's just life.

 

I am getting a lot of mt miles lately, got one load Sunday 279 miles mt, 356 loaded. The other loads for last week were mostly over 100 mt miles

 

When you put the address in the qualcom that's the miles they need to pay us for, the if the driver wants to take a different route after that, then its his lost. I see loads that are 40+ miles more than what's in the load information

 

I understand it, but most of what you write has nothing to do with the lawsuit.

Much of what you say is pure conjecture about the plaintiffs in this case, even speculating on what they are thinking - They're get rich quick types who want to stay home all weekend. Do you know any of them? You appear foolish when you make statements like that.

You say that trucking is exempt from fair labor laws. The lawyers are arguing that these independent contractors weren't ic's at all, but were, for all intents and purposes, really employees. Employers can get into big trouble for classifying people as independent contractors or subcontractors when they are generally treated as an employee would be. Trucking is not exempt from this.

The complaint also "claims that the truckers are held in “forced labor” in violation of federal labor" due to the fact that these 'employees' cannot leave Swift without a large amount of debt. Trucking is also not exempt from this law.

Finally, "the lease and Independent Contractor Operating Agreement (ICOA) are challenged as “unconscionable” since defendants can terminate the contract at will and treat defendants’ termination as the trucker’s “default” and then demand that the trucker make all remaining lease payments. Claims are brought under the contract law of all states in the US." People keep saying over and over, you signed the contract, live with the consequences! But what if the contract itself is a illegal?

The lawsuit was filed in late 2009. If it was frivolous as you say, it would have been thrown out a long time ago.

 

http://getmansweeney.com/wp-content/uploads/STC_FINAL+PI+BRIEF_AZ.pdf

See, this doesn't constitute a " business partnership". When someone holds sway over another to this degree, it is an employee/employer relationship. The IRS already defines what an IC is and what it isn't.

 

Holy carp I am filling the tank right now. Mileage scale is unimportant because they would pay you less if they paid you correctly?

If they want to pay less because they are going to pay me correctly I would see that company as being more ethical then a company that inflates the pay rate for recruiting purposes and then shorts the driver on the miles.

Unfortunately your theory is full of holes because I have seen mileage payed to carriers I have worked for and it was more then what I was paid. And I would like to see proof that companies that are ethical in their mileage pay, pay less then company's that pay short miles.

Either way for me, I want to be paid for the in route miles that I drive even if your theory is correct and it did not change my financial position.

 

I have to admit, lately my ldd miles have not been that far off. Finished up one the other day, paid miles 1543, GPS routed me 1579. On one now, paid 1223, GPS 1245. As far as DH, if short run with lots of MT, will not touch. If long one with lots, then 10% is fine for me.

 

Just wondering, how many of you would be willing to tell the company that the miles listed are way over the actual miles run? An example: one of our customers is basically across the interstate from one of our terminals, but in a different city.Miles paid to get to this customer are 16, but you only have to drive 2 miles to get there. Are you going to tell them they overpaid you by 14 miles?

 

It goes the other way too.

You start your day at the Swift yard/terminal in Sparks....MT to Michelin Tires in what used to be called Stead...now Reno due to tax base and some slick city revenue deal. but even before the revenue and name change to Reno...the MT miles from sparks Terminal to Michelin are actually 19.6 (truck route on Red Rock not going down Stead Blvd) and Swift pays MT miles of 3. Sparks to Reno!

 

I am sure that the way this is paid rarely benefits the driver as much as the company skims.