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I know right?? 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. This lawsuit isnt just about owner operators. Because the Federal Arbitration Act (under which the Court sent the case to arbitration), does not apply to contracts of employment of workers in interstate transportation (such as truck drivers), the Circuit Court held that the District Court cannot send our case to arbitration until it has determined whether the drivers are employees. No. . I make a lease payment You'll drive for the carrier who leased your truck to you. If you received a settlement check and need IRS tax forms, please contact the settlement administrator, Settlement Services Incorporated, at 844-330-6991 or claims@ssiclaims.com. We will post further updates shortly to let you know just how we intend to use this ruling to ultimately prevail and force Swift to comply with the law. Swift allegedly made unlawful deductions from the drivers' pay for truck lease payments, gas, equipment, maintenance, insurance, tolls and other expenses. For the most part, Swift has refused to participate in discovery, though this may change in light of the Courts ruling today. Here are some key facts to consider. 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. (15 Opinion Denying Mandamus.pdf 73KB). If you have any questions about these points or any others, you can consult with an attorney. In the meantime, we await Judge Sedwicks decision on the Drivers most recent motion for sanctions. And Uncle Sam needs to put em in jail too for even thinking about trying to avoid their responsibility to their drivers and people wonder why rates wont rise yet the same rats that are getting away with this are the same that keep running to DC to get all types of laws passed to drag down the little man that plays by the rules??? December 01, 2021 12:45 PM. 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 . November 12, 2013. 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. The approval order appoints SSI to act as Settlement Administrator and directs that SSI send notice to each affected class member informing them of their tentative settlement share and advising them how to make a claim or exclude themselves from the case, or how to object to the settlement. An audio recording of the argument will be available to the public the day after the argument athttp://www.ca9.uscourts.gov/media/, Swift Transportation Acquires Central Refrigerated. After Judge Sedwick denied Plaintiffs request to reconsider his decision referring this case to an arbitrator, and after his denial of Plaintiffs request that he certify the issue to the 9th Circuit Court of Appeals, Plaintiffs continue to believe that the District Court erred by referring to the arbitrator the question of whether the case is exempt from arbitration under Section 1 of the Federal Arbitration Act. 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. Show more Hide chat replay. Thus, the Ninth Circuit affirmed the Plaintiffs legal position that the law requires a Court to decide whether the owner operators are employees exempt from the Federal Arbitration Act, but did not order the District Court to comply with that ruling. The settlement notice that was mailed did not advise owner operators of the full scope of claims that might be released by accepting the $50 or by failing to exclude themselves from the settlement. The parties continue to wait for the Ninth Circuit Court of Appeals to determine whether District Judge Sedwick erred by sending this case to arbitration without deciding first whether the Plaintiffs are exempt from the Federal Arbitration Act. Drivers disagree, maintaining that this information is necessary for the Judge to be able to rule correctly on the question. This is true regardless of whether or not you have already signed the new ICOA. The Court has not set a date for oral argument. I give my express consent authorizing TruckersReport and its. You will no doubt want their Flex ticket which is all cash back or cash back plus a fee. Aside from the fact that I dont have to deal with load boards. Click here to read the brief filed with the Court. If the Supreme Court does not stay the case while it considers whether or not to take the case, the current stay will expire. When plaintiffs win a pay case, the defendant must pay the plaintiffs costs and attorneys fees. This is a serious and negative ruling that makes many aspects of the case more difficult for us. All drivers who leased a truck from IEL and contracted with Swift as a Lease Operator at any time since April 16, 2010 may be eligible to join this case by completing and signing a consent to sue form, available atSwift Justiceby clicking Join the Case.. Why arent you walked away when they punched you? Posted on Wednesday, March 31 2010 at 4:20pm. last edited on Monday, December 6 2010 at 9:39am, Posted on Wednesday, October 20 2010 at 5:32pm. Any truckers who are part of this case, or who are considering whether to join this case, are welcome to stop by Getman Sweeney to discuss the case and your individual facts. On February 27, 2018, the Ninth Circuit stayed this case pending a decision by the Supreme Court in the New Prime v. Oliveira case, in which the Court considered whether the Federal Arbitration Act applied to interstate truckers. Drivers had argued, successfully, that because this case has been slowed down, hindered, and repeatedly delayed for years by the Defendant, the information in Swifts records would not be current or useful if, or when, a Collective Action is certified and Plaintiffs asked for the records so that we could begin the process of ensuring that the contact information in those records is up-to-date and accurate in order to send notice to a group of over 16,000 drivers who may be eligible to join this case, if and when that should occur. There are many issues still to be decided by the Court, including which drivers are allowed to participate (beyond the people who have already opted-in to the case); how far back claims may go; what notices should be issued; what discovery is still needed for the parties to resolve the case; and when any remaining issues can be tried. March 8-14, 2023 Trip to Amsterdam 1:49 pm. (Def. Ill gladly take whatever I get from this. The FAA states that nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. Thus, according to the Ninth Circuit, the Court must determine whether the drivers are employees before deciding whether it must send the case to arbitration. 888-927-9914. You are entitled to file FLSA claims (using the Consent to Sue form) for the period extending back three years from the date you file the form. Posted on Tuesday, June 14 2011 at 2:45pm, Plaintiffs have filed a motion with the District Court to have the case returned to the District Court in light of the high expenses that would be required for individuals to arbitrate their claims. FINAL APPROVAL GRANTED! The owner of Prime is a very rich man. Mega-carrier Swift Transportation has just lost a pivotal court decision in a lawsuit brought against it by five former owner-operators at the company over their employment classification. On May 24th, 2017, Swift filed an appeal to the Arizona District Courts Order and Opinion (Jan. 2017) in which the District Court ruled that the five named-plaintiff drivers are employees, not independent contractors as a matter of law, for the purposes of 1 of the Federal Arbitration Act. Swift and IEL have refused to pay the AAAs fees necessary to permit the arbitrations to go forward and under the AAAs arbitration practices, these individual arbitrations can only occur once the Plaintiff pays substantial filing fees, or agrees to incur additional indebtedness to later pay such filing fees. This means that, in most cases, truckers will not be forced into mandatory arbitration and cannot waive their rights to participate in class actions. Im darned curious in regards to what 21 years of catch up back pay might look like. Judge Sedwick denied Plaintiffs motion for reconsideration. Here's the PayPal info: https://www.paypal.me/truckertodd806 Here's the Cash App $cashtag:$truckertodd806My Venmo is:@truckertodd806Link for the Mudflap app to save on fuel: https://www.mudflapinc.com/truckertodd Please continue to check back here for further updates, and if any of your contact information changes, please call 844-330-6991 to update it. Yes! Their main goal is to grow larger, buy out smaller companies, push owner ops out of business and monopolies the transportation industry. Example: Load is 1975 miles. 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. Plaintiffs have amended the complaint to raise claims under the federal Forced Labor statute, 18 U.S.C. The case law supports Drivers view. If the settlement is approved by the Court, it will resolve the claims of roughly 20,000 owner operator drivers (since 1999) in this case. Some info here. While the issue is fairly technical, it is an important one for truckers. Many owner operator drivers who have turned in their trucks, or who have had their trucks repossessed, have received debt collection notice letters from IEL or collection agencies working on its behalf (for example Partners Financial or ACRS). Among other things, it prevents employees from having access to much of the internal company documents that can be necessary to win their claims. Click here to read Plaintiffs Opposition to the Defendants Motion to Compel Arbitration. Swift filed itsresponse. But also shows several ways to contact KLM customer service directly to get your answer. This case should make it clear that simply having an arbitration agreement with a class-action waiver in your independent contractor agreement will not guarantee that a trucking company can prevent class-action litigation and force drivers into individual arbitration. In response to Swifts unwillingness to cooperate in the discovery process, Drivers filed a Motion for Sanctions (Dkt 684) on September 22, 2015, including a request that the Court finds Swift in contempt of Court and to fine Swift each day until they comply with all outstanding discovery. This is a big milestone, said driver attorney Dan Getman according to the Wall Street Journal. Click here to read Plaintiffs opening Appeal Brief. The 9th Circuit Court of Appeals has agreed to to permit an appeal of Judge Sedwicks decision to send the case to arbitration. After trip, drivers do not get wat is left of that fuel $$, paid to them. The Court will also hear arguments regarding Swiftsmandamuspetition; Swift contends that the District Court should not have lifted the stay on discovery, granting Plaintiffs access to Defendants records of those drivers who may have claims in the case. We understand there may be some concern and confusion regarding interpretation of certain provisions of the new ICOA issued on January 9, 2017, and the effect of those provisions on your rights in ongoing legal proceedings, including the lawsuit currently pending in the United States District Court in Phoenix, Arizona, titled Van Dusen v. Swift Transportation Company Inc. We are sending this message to clarify that the new ICOA will not interfere with your rights to participate or recover monetary relief in ongoing court proceedings in existence on January 9, 2017.