A lawsuit brought in 2004 by Swift Transportation truck drivers against the carrier giant can proceed after the Arizona Supreme Court refused to decertify the class action lawsuit. The ruling allows the 80,000-member class to pursue allegations that the carrier shorted them wages by paying for shortest distance miles rather than actual miles driven.
On Jan. 10, the court refused the truckload carrier’s request to review a 2016 appellate court order. In 2015, the state superior court decertified the class, but the appeals court reversed that decision the following year. Plaintiffs’ attorneys say they will go to trial as soon as possible, but a court date has not been set.
Drivers allege the Arizona-based company ignores drivers’ reports of actual miles driven and instead uses an artificial calculation that shorts mileage pay. Class participants are Swift drivers employed since 1998 who seek recovery of unpaid miles.