Judge certifies class in short mile case against Swift Transportation

Its been a long time coming.Glad this case is finally moving forward.Think how much money they'll have to owe if Swift loses and I have a feeling they will.Does'nt most companies use Household movers miles?

 

Just the crappy companies.....

 

Which is pretty much all the mega companies I reckon.

 

8/20/2013

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Judge certifies class in short mile case against Swift Transportation

By Clarissa Hawes, Land Line staff writer

An Arizona Superior Court judge has certified a class action lawsuit in the short mile case against Swift Transportation Co., originally filed back in 2004.

Lead plaintiffs’ attorney, Leonard W. Aragon, of the law firm Hagens Berman Sobol Shapiro LLC, told Land Line on Aug. 19 that the judge essentially certified two classes of drivers, including employee drivers and owner-operators, who contracted with Swift.

The class has been defined as owner-operators who contracted with Swift after March 6, 2001, and as employee drivers, who worked for the company after April 9, 2009.

Aragon said class action notices have been mailed out to more than 62,000 drivers.

The lawsuit filed back in 2004 claims that Swift used the Household Mover’s Guide to pay drivers based on a estimated mileage calculation software program, instead of paying drivers for the actual miles they drove. The lawsuit alleges drivers’ pay may have been shortened by 7 to 10 percent based on HMG calculations.

“From what we have heard, they really haven’t changed this process at all,” Aragon said. “They have other mechanisms by which they could calculate actual miles driven, but they just don’t use those methods.”

Aragon said drivers who worked for Swift during the class periods, but did not receive a notice, should call 866-677-4812, or write to In re Swift Transportation Inc. Administrator, c/o KCC Class Action Services, P.O. Box 43190, Providence, RI 02940-3190, or visit the website for more information.

“Some of the population is fairly transitory, so they need to let us know if their address has changed,” he said.

Members of the class have until Sept. 13 to decide whether to remain part of the class (do nothing) or ask to be excluded and maintain their right to sue Swift separately.

After several delays in the case, Aragon said it’s finally moving forward again.

“Swift has tried to delay this several times. It went up to the Arizona Supreme Court, and it went up to the Court of Appeals twice, but things are going to start moving fairly quickly over the next six to eight months,” he said.

Recently, Arizona Superior Court Judge Richard Gama appointed a “special master” to help oversee the discovery process after Aragon said Swift provided a witness that wasn’t prepared.

“Discovery is now taking place, the special master has been appointed, and he’s going to oversee and make sure Swift gives us what we need,” Aragon said.

Copyright © OOIDA

 

I have never driven a truck.

I am repeating what a retired trucking company executive told me.

The retired trucking company also told that specialized analysts, in conjunction with trucking company management teams, spend enormous amounts of time studying and analyzing pay, benefits, and conditions that will best benefit the individual truck drivers.

Different cities and town are of different and varying sizes. How will the companies know what size will fit what city or town?

This is the reason the trucking industry came up with Household Guide, (HHG), miles which goes from one zip code to another vs. trying to figure out the exact size of each and every city or town on the map.

MY QUESTION BY MJE:
Please advise and educate as to what this situation is all about if this is incorrect information. How are the truck drivers being shafted?

God bless every American and their families! God bless the U.S.A.!

 

Pay is per mile which should be actual miles not an estimated amount. I mean it is rather simple, per mile means for each and every mile....just like per pound is for each and every pound. How would you like to be charged more per pound of steak and find out you are getting less than what you paid. It is no different for a trucker, he/she is driving many more miles than he/she is being paid. If you were working more hours than you were paid for would you not be disenfranchised? The solution is simple and its actually easy to do, pay the driver with the hubometer or the odometer readings. The problem is that many companies wish to pay as little as possible and as usual the trucker gets shafted.

 

But, what if they pay by short miles and then want to have you drive a longer route so you get better fuel prices for them?