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You can read the full, 33-page decision here. 108, 884 P. Motion for Class Certification and Motion for Leave to Amend Complaint, 885 P. MOTION for Temporary Restraining Order and Preliminary Injunction, 862 ORDER AND OPINION GRANTING SJ TO PLAINTIFFS, 689 DECLARATION of Robert Mussig re Docket 688D. We will post more information as it is available. Just like the ones who claim to use household movers guide although they dont haul household goods. Under the federal minimum wage law, back pay and an equal amount of liquidated damages are claimed for each violation. Its the main reason why I went LTL/union. Swift wants the drivers to have to ask that question individually in arbitration where it knows that few, if any, drivers will be able to afford litigating the case individually. TheNew Primecase held that the Federal Arbitration Act (FAA) Section 1 Exemption also exempts independent contractor agreements for workers in interstate transportation (such as truckers) from mandatory arbitration in federal courts. An enemy divided is easily defeated. Many drivers are also being pressured by their Driver Managers/Driver Leaders to sign, and it appears that the DMs/DLs are similarly being pressured to push their LOs to sign. Since Swift is the largest truckload carrier in the United States however, the number of drivers who could file claims against them could be as high as 15,000. Lease Purchase Trucking: Pros, Cons, and Considerations Ripoff Report | kllm complaints, reviews, scams, lawsuits and frauds If any employee suffered retaliation, Swift and IEL would be liable for double the injury caused by retaliation against an employee. We also seek to stop any negative reporting to DAC or DriverFACTS. SETTLEMENT SERVICES, INC. (SSI), at 844-330-6991. Meanwhile, Swifts mandamus petition and appeal of the District Courts decision to hold a trial of employment status are pending before the Ninth Circuit Court of Appeals. Who Has The Best Lease Purchase Program In The Trucking Industry Updated on January 3, 2023 Owner Operators Leasing a truck and becoming your own boss is a dream that many truckers have. Road Trip from London to Holland for Tulips. Why arent you walked away when they punched you? Taylor Swift Speaks Out After Scooter Braun Sells Her Masters for $300 We need to come together as one united group. Accordingly, Plaintiffs lawyers in this case were required to submit anObjectionto the proposed Montalvo/Calix class settlement. The settlement cannot take effect until the Court approves it, and the approval process will consider comments from the affected drivers. I dont care if your a company, owner op, independent contractor, or lease purchase driver, tenured driver or green. When Does AB5 and The ABC Test Apply to InterstateTrucking? Class A Drivers They will be dead and buried by the time this gets paid as if it ever will.