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Lawsuit Against Swift Transportation Forced labor Minimum wageThis lawsuit is brought

Discussion in 'Swift' started by Gary7, Jan 18, 2012.

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cpape Desk Jockey

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blackw900 said: ↑

Good luck with that....

Swift will cancel the whole program before they allow that. The only reason that they started the L/O program in the first place was to get someone else to pay for the truck and the fuel while letting them believe that they were an independent when they are in fact...Just company drivers, Paying for a company truck.
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Let's not forget avoiding workers compensation and payroll taxes...

cpape, Jan 24, 2012

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TruckrsWife Significant Otter

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Status Reports

Plaintiffs Granted the Right to Appeal Posted on January 20, 2012

The 9th Circuit Court of Appeals has agreed to to permit an appeal of Judge Sedwicks decision to send the case to arbitration. Plaintiffs are very happy that the Court has agreed to hear our appeal, as an earlier panel of the 9th Circuit has already ruled that the decision to send this case to arbitration to decide if the drivers were legally deemed independent contractors was in error. If the 9th Circuit reverses Judge Sedwicks order sending the case to arbitration, a hearing will be held in the District Court to decide if the trucker plaintiffs in this case were treated as employees by Swift. Plaintiffs expect to argue that if Swift mis-treated the drivers as employees (while calling them independent contractors) drivers would be entitled to back pay for deductions, such as lease, insurance, tolls, gas, bonds, etc. and also be entitled to minimum wage for each week of work, as well as a variety of other damages.
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http://getmansweeney.com/current-cases/swift-transportation-co-inc-forced-labor-minimum-wage

TruckrsWife, Jan 25, 2012

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scottied67 Road Train Member

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If the case comes out in the plaintiffs' favor, I think it could bankrupt Swift.

scottied67, Jan 25, 2012

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cpape Desk Jockey

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Unless a lot has changed in the last year, there are many things that could bankrupt Swift.

cpape, Jan 25, 2012

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TruckrsWife Significant Otter

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scottied67 said: ↑

If the case comes out in the plaintiffs' favor, I think it could bankrupt Swift.
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Actually all this new information does is allow the plaintiffs to appeal the Judge's decision to arbitrate the case. Nothing is set in stone. The Plaintiffs appeal can still be denied.

TruckrsWife, Jan 25, 2012

#125

Injun and scottied67 Thank this.
G/MAN Road Train Member

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cpape said: ↑

Unless a lot has changed in the last year, there are many things that could bankrupt Swift.
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Those who are filing the complaint could care less if Swift goes bankrupt.

G/MAN, Jan 25, 2012

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scottied67 Thanks this.
Injun Road Train Member

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Thank you, Mrs. Truckrswife, for keeping this thread updated. I will be looking forward to future updates.

Of course, this case will not apply to me since Swift's contract agreement is not with Injun, but rather, with Taiowa.

Injun, Jan 25, 2012

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They could probably avoid the problem if they forced anyone who wants to do a lease to incorporte and then lease the truck to their corporation.

G/MAN, Jan 25, 2012

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Injun Road Train Member

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Yeh....if Injun has labor complaints, she'll have to take them up with Taiowa Transportation, LLC. That company is headed up by a hardarse. Thinkin Injun's SOL.

Injun, Jan 25, 2012

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inkeper Thanks this.
craigo36 Bobtail Member

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1nonly said: ↑

I don't get the idea behind all the lawsuits. There are literally thousands of trucking companies out there. If you don't like the way one of them does business, go find employment elsewhere. Or is that too simple?
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I was thinking the same thing..

craigo36, Jul 14, 2012

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