Class Action on Truck Driver Payment Heading to Trial

The Arizona Supreme Court has declined to review a Nov. 4, 2010, ruling by a trial judge certifying a lawsuit against Swift Transportation Co. Inc. as a class action.

A lawsuit that could be highly important to motor carriers nationwide and their drivers is headed to trial fairly soon, now that the Arizona Supreme Court has declined to review a Nov. 4, 2010, ruling by a trial judge certifying Piron v. Swift Transportation Co. Inc. as a class action. The suit was filed in January 2004 on behalf of Scott Piron, personal representative of the estate of a deceased Swift truck driver, by Hagens Berman LLC, a Seattle law firm that announced the Arizona Supreme Court’s decision on Sept. 6.

The suit claims Swift promised to pay drivers on a per-mile basis but saved millions of dollars annually by routinely paying them for fewer miles than they actually drove. "Swift's practice of paying for materially fewer miles than the miles actually traveled by the driver on the run is uniform and affects all drivers throughout the country. This practice was conceived and implemented by Swift at its Phoenix, Arizona headquarters," the lawsuit claims. It sought certification of a class of about 19,000 drivers –- every driver employed since Jan. 30, 1998, who was paid per mile by the company.

Swift claims to be the world's largest truckload motor carrier. It operates a network of 34 terminals located in most U.S. states and in Mexico. It reported $2.9 billion in operating revenue for 2010 and as of June 30, 2011, operated 16,900 tractors – 12,800 driven by employees and another 4,100 by owner-operators.

William B. Cassidy reported in the Journal of Commerce that the point-to-point distances between locations that Swift uses to calculate driver payments are derived from the Official Transportation Mileage Guide or Household Goods Mileage Guide published by Rand McNally and "are widely used by all types of truckers to set pricing."

Download Center

HTML - No Current Item Deck
  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Comply with OSHA’s Electronic Recordkeeping Requirements

    Collect relevant incident data and generate accurate OSHA 300, 300A, and 301 regulatory reports, including 300A CSV files for easy electronic submission to OSHA.

  • Complete Online Safety Training Courses

    Deliver state-of-the art, online safety training courses to your organization with IndustrySafe Training Management Software. Generate reports to track training compliance and automatically notify learners of upcoming or overdue classes.

  • Easy to Use Safety Inspection App

    Conduct inspections on the go with IndustrySafe’s mobile app. Complete safety audits at job sites and remote locations—with or without web access.

  • Track Key Safety Performance Indicators

    IndustrySafe’s Dashboard Module allows organizations to easily track safety KPIs and metrics. Gain increased visibility into your business’ operations and safety data.

  • Industry Safe
comments powered by Disqus