On February 23, 2011, Swift and IEL filed papers opposing Plaintiffs motion to the 9th Circuit Court of Appeals, in which Plaintiffs requested the Court to direct the District Court to consider whether the case is exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). Below are links to additional resources for drivers. Instead, Swift argues that the District Court erred by considering the Lease as well as the Contractor Agreement in reaching its decision. If the Court finds the Drivers to be employees, it could not send the case to arbitration at all. Click here to review Swifts opposition brief. Most other companies lease a truck at $750-$800 a week for older models or $1,100-$1,200 for new equipment. This is a serious and negative ruling that makes many aspects of the case more difficult for us. In response to Swifts continuing refusal to participate in the discovery process, Plaintiffs filed aMotion to Compel Discovery Responses (Docket # 631)from the Defendant on April 1st. We continue to believe that the Ninth Circuit will unequivocally deny Swifts efforts to take the issue (which the Ninth Circuit directed Judge Sedwick to hear) away from Judge Sedwick at this point. Your own authority is the correct answer. Motion to Vacate Stay.pdf 1MB) Plaintiffs will file a reply brief shortly. (69-2 Supplemental Memorandumn.pdf 133KB), Posted on Wednesday, March 31 2010 at 4:21pm. Most of the time I was lucky if the paid miles matched from 1 city limit to the next. For the 9 months I was employed there I was hearing from numerous drivers that the pay scale was off. Plaintiffs have also served a subpoena on QualComm to obtain evidence of instructions (demonstrating control) that Swift or IEL sends drivers considered to be owner operators. I would think your response is wrong as they let you haul freight from approved carriers on there list. The parties expect Judge Sedwick to rule shortly on the issue of the scope of discovery and trial. TheNew Primecase is not yet set for argument, but it will likely be during the October 2018 termand a final decision on the issue will not happen until sometime after that. While this issue is pending, the drivers have served discovery demands on Swift for documents and data related to the employment/contractor misclassification question and are awaiting Swifts response. The Success Lease Purchase Program is an affordable way to lease purchase a new or used truck from a vast. Plaintiffs continue to believe that the issue was wrongly decided, contrary to every decision to have considered the issue, and thus are today presenting the issue to the 9th Circuit Court of Appeals on a petition for mandamus. This ruling will be appealed, swift could be sold, bankrupted etc..The Lawyers will drag this out for years. The Plaintiffs lawyers in this case were required to take steps to protect these claims from interference by a proposed class action settlement in theEllis v Swift Transportationcase. Posted on Thursday, October 7 2010 at 9:38am. Repair and tire replacement reserve of 1 cent per authorized dispatch mile (unused portion refunded at the end of the lease purchase agreement) 7. Swift is also self insured. The Court has not set a date for oral argument. As is the case with any Class Action lawsuit, the settlement is subject to approval by the court. That fuel amount is placed on fuel card (only for fuel!!!!). The Court has scheduled a final fairness hearing to consider the response of the class and whether to approve the settlement on January 22, 2020, at 10:00 a.m. at the Federal Courthouse in Phoenix, AZ. I agree you always have some company people who say that is the way it and always will be and there is nothing you can do about it ,your a trucker and you are going to get screwed over so just accept it as hard work.I would like to see the trucking industry taken completely down and start over again and this time no phony mileage or percentage pay where you will never be payed for all you do but pay by the hour then you would see the delays and bad dispatching come to a halt. 2017 or newer Freightliner, Peterbilt or Volvo. We lease now and loads have dropped to almost no pay. Among other things, it prevents employees from having access to much of the internal company documents that can be necessary to win their claims. They can not sell a company with a lawsuit pending. Click here to review the District Courts certification order. Road Trip from London to Holland for Tulips. We also seek to stop Swift from making mid-term changes disadvantageous to drivers to the ICOA contract. That would keep everyone legal and logging all on duty. Highly paid execs dont leave companies when its a merger. But also shows several ways to contact KLM customer service directly to get your answer. Taylor Swift has told a federal court that she wrote all of the lyrics to her 2014 hit "Shake It Off," and said she had never heard of the group 3LW or their 2001 song "Playas Gon' Play" before a . In addition, under wage protections statutes, plaintiffs seek to compel Swift to reimburse truckers for the various deductions from their pay, including truck lease, insurance, gas, tolls, maintenance, etc. When you dispute the debt and request validation, by law, the debt collector must verify the debt claim and must cease debt collection activities during this time period. The matter is fully briefed and we are awaiting the decision of the Court. Judge Sedwick ruled that Defendants are directed to send via Qualcomm the notice attached as Exhibit A to this order to those drivers who have been instructed to sign Swifts new ICOA. Plaintiffs have amended the complaint to raise claims under the federal Forced Labor statute, 18 U.S.C. In that brief, the drivers will argue that Judge Sedwicks decision allowing discovery is hardly a final order and no statute confers the right to an appeal from this order. On April 5th, Judge Berman transferred venue in the case to the U.S. District Court for the District of Arizona. Please. If any employee suffered retaliation, Swift and IEL would be liable for double the injury caused by retaliation against an employee. No fixed expenses for 2 weeks ($1,038 - $1,538 Cash Savings on truck payment, insurance, escrow, etc,) 1 year lease: $2,000 completion bonus. Better throw in interstate distributor Inc too. Swift now may have to pay drivers millions of dollars in back wages. If you have any questions, please call SSI at 844-330-6991 or navigate to the Swift settlement website, www.swiftmisclass.com, Settlement Notice Date and Final Fairness Hearing Scheduled Posted July 29, 2019. Defendants must respond by February 7th, and Drivers will reply to their response on the 10th. Plaintiffs also filed aMotion to Compel defendants to testify [in depositions] (Docket #644)on July 13th. It is true that the ruling will create difficulties for Swift as well as the trucker Plaintiffs. And you wonder whats wrong with the industry ? Click here to see Swift and IELs reply. Click here to read Plaintiffs Response Brief. The Swift lawsuit commenced in the federal district court for Arizona. We are hopeful that if the settlement is finally approved it will result in payments early in 2020. (2.22 Def Letter Reply re Venue.pdf 354KB) The matter now sits with Judge Berman. Thats exactly what happened to me , I was forced out due to ill health, Swift said I still had my job, they turned my truck in as I had to have immediate back surgery, my Dr gave the ok for me to go back to work, Swift sent in there paperwork to the Dr and I didnt pass , so I was let go terminated, what a racquet, the rich get richer and the poor get poorer. We will post more information as it becomes available. The drivers response to the appeal brief is due on July 24th, and Swift has until August 7th to file their response. With that .90 each load/trip first has the miles calculated empty/loaded to pick up-delivery. The Ninth Circuit may take as long as it wishes, either to schedule argument or to decide the appeal without argument. During the legal battle, Swift argued that drivers could choose to refuse loads, or take loads from other companies. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the statute of limitation.. If you decide to contact Swift Transportation about company driver or lease purchase opportunities please call Michelle Cantrell at 864-968-7605 and give her my driver code of WIRDA1 or give them my truck number 222999. The fuel approximated for entire trip, is then subtracted from wat the load milage would pay, for the load/trip. I was owner operator in swift transportation for over five years my home terminal was Wilmington,CA. last edited on Friday, December 10 2010 at 12:53pm, Posted on Monday, December 6 2010 at 9:29am. Posted on Thursday, February 4 2010 at 5:11pm. On January 6th, 2017, after a six-year battle which included multiple appeals to the 9th Circuit and even reached up to the Supreme Court, Judge Sedwick of the Arizona District Court ruled that the five named-plaintiff driversare employees, not independent contractorsas a matter of law, for the purposes of 1 of the Federal Arbitration Act. The net effect is that claims are far more difficult and expensive to bring, allowing the companies to avoid the normal legal consequences for their illegal behaviors. U.S. District Judge Sedwick issued a decision today that the five Plaintiffs who brought this case are employees as a matter of law, for purposes of the Federal Arbitration Act. Hire drivers on, as lease operators. There accidents prove thats not the case, give them enough rope maybe they will hang themselves. We need to use platforms such as this and others to come together. The lawsuit claims that Swift treated truck drivers who leased trucks through the company as independent contractors even though they acted as full-time employees. Article. If you have any questions or wish to make a claim, you may do so at the Swift settlement website, www.swiftmisclass.com or call SSI at 844-330-6991. I dont care if your a company, owner op, independent contractor, or lease purchase driver, tenured driver or green. Two important decisions were rendered by the Ninth Circuit court of appeals with respect to FedEx drivers. The Swift lawsuit commenced in the federal district court for Arizona. FINAL APPROVAL GRANTED! The Drivers consider it a hopeful sign that the Circuit decided not to hear argument, as the Ninth Circuit previously decided that the drivers claims cannot be sent to arbitration without the District Court first deciding whether they are employees or contractors, when the Drivers filed a mandamus petition in that Court. Work for them a year like I did and see if you dont open your mouth about being underpaid. 4) mid-contract changes demanded by Swift or IEL under threat of having the truck repossessed or the driver put on safety hold until a signature is given. If you would like to join, please navigate toSwift Justiceand click Join the Case., Waiting On the Ninth Circuit Court of Appeals Posted on January 4, 2013. Further updates will be posted as the effect of this ruling and how it affects the parties positions becomes clear. When plaintiffs win a pay case, the defendant must pay the plaintiffs costs and attorneys fees. (4 Order re Response to Mandamus.pdf 28KB) A writ of mandamus is an extraordinary remedy and one that the Court does not generally grant. We will be in touch with affected clients individually following additional discussion with the lawyers for the parties in the Montalvo case and/or after the final settlement fairness hearing with the court on October 30, 2015. Along with this removal of the remedy of going to court, is the fact that class action waivers clauses that companies write into the form agreements they have customers or employees sign which prohibit claims being brought as class actions, have frequently been held to be valid. Maybe Im wrong I have a truck signed on with Mercer transportation by the time you finish renting a trailer waiting for loads there is no money to be made. Screwed again by swift, It just sounds like driving a truck is just not what it used to be and you cant make a good living at it anymore. the Supreme Court reached a unanimous decision in truckers favorruling that truckers engaged in interstate commerce are exempt from the FAA under Section 1, regardless of whether their contracts call them contractors or employees, Friend of the Court brief in support of the drivers, renew (883) their Collective Action Motion (105), Class Certification of a nationwide class of Lease Operators (884), Temporary Restraining Order and Preliminary Injunction, Class Certification of a nationwide class of Lease Operators, You can read the full, 33-page decision here, Federal Judge Deals Swift Transportation Legal Setback Ruling finds trucking company improperly treated some of its drivers as contractors rather than employees. We will update our website if the acquisition affects our litigation in any way. I will probably not have anything close to 2k when I am forced to stop due to ill health. Click here to read the brief filed with the Court. They only put his name on lease papers..but my money pays truck payment the same as his. (ComplaintNY.pdf 76KB), 1106 LODGED Proposed Joint Motion for Preliminary Approval of Class Action Settlement 1105 MOTION for Leave, 1106 1 Exhibit 1 Class Action Settlement Agreement, 55 Filed order case is removed from calendar, 30 Amicus brief Submitted by Public Justice, 883 P. RENEWED MOTION to Conditionally Certify A FLSA Collective Action and Authorize Notice to be Issued to the Class Doc. Its about time that a court stepped in and said, no more. The parties are now ready to brief whether or not Lease Operators are employees or contractors for purposes of deciding whether the Federal Arbitration Act applies to the drivers or not so that the District Court can decide. Getman Sweeney is hopeful that the Court will affirm our position and reverse the District Court, since the Circuit already ruled that Plaintiffs were correct on this precise question in its prior ruling on the mandamus petition. Actually the better way to look at it is the company has felt entitled all along to rape the drivers with these so called independent driver agreements. Plaintiffs filed their Oppositions to both sets of motions (665and671) on August 3rdand August 6th. Despite numerous decisions to the contrary from Judge Sedwick, Swift continues to argue that the question of whether this case should go to arbitration (and, by extension, whether Drivers are Independent Contractors or Employees) hinges only on the evidence from the Contractor Agreements, and not from any other source of information (Dkt 15-15257 16-1). U.S. District Judge Sedwick asked the parties to submit a joint proposal for the schedule of this case to determine whether the drivers are employees. Court Rules That Drivers are Employees! In fact, in a similar case against Central Refrigerated, the Court found the ICOA/Lease to be a contract of employment that could not be sent to arbitration under the Federal Arbitration Act. Ripoff Report Needs Your Help! Plaintiffs in this case relied upon theNew Primerationale as one of the reasons for affirming our District Court decision. Not to worry though, I am confident Swift will appeal and the Judge Sedwicks ruling will be overturned. Click here to review Plaintiffs Reply Brief. Ill gladly take whatever I get from this. Swift is worth a lot more than $250 million. I Need CDL Training Further, please let Getman Sweeney know if you have been overbilled by defendants, or threatened with the higher charges.
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