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Truck Drivers Misclassified as Independent Contractors Nab $100 Million Settlement

On Behalf of | Jul 23, 2021 | Wage Theft

The U.S. District Court for the District of Arizona has approved a $100 million settlement of class action against Knight-Swift Transportation Holdings (NYSE: KNX), alleging that the company and its predecessor, Swift Transportation, misclassified truck drivers as independent contractors.

Who is in the settlement class?

The class consists of approximately 20,000 owner-operator drivers who leased one or more trucks from Interstate Equipment Leasing, LLC (IEL) and contracted to drive for Swift Transportation Co. of Arizona, LLC at any time between December 22, 1999, and January 1, 2019. The class action lawsuit alleges truck drivers for Swift, IEL, Chad Killebrew, and Jerry Moyes were misclassified as independent contractors, despite the fact that the company exerted control over them to such an extent that they should have been treated as employees.

The lawsuit alleged that the defendants failed to pay drivers applicable state minimum wage, violated their rights under the forced labor statute, and unjustly enriched themselves by misclassifying them as independent contractors. The case also challenged the outdated practice of paying truck drivers per mile rather than by the hour. This pay scheme prevented drivers from being compensated for non-driving, work-related functions.

The $100 million settlement, which received final approval by the court in February 2020, is one of the largest wage and hour payouts in the past decade. The award each driver receives will vary depending on each driver’s hours worked and how much they were paid.

This landmark decision is sure to have widespread effects on how drivers are contracted and treated throughout the industry.

The case is Van Dusen v. Swift Transportation Co. Inc., No. 10-899, filed in the United States District Court for the District of Arizona.

How Can I Join an Independent Contractor Misclassification Lawsuit?

If you are a  truck driver and you believe have been misclassified as an independent contractor, please contact We Stop Wage Theft at 844-696-7492 (toll-free) or email us at [email protected]. You can also fill out the form on this page.

We will promptly evaluate your claim and let you know whether you are eligible to participate in a lawsuit for unpaid wages.

Do I Have to Pay Attorney’s Fees?

No. Claims for unpaid wages are typically handled on a contingent fee basis. This means that the lawyers don’t get paid fees unless they obtain a recovery for you.