State’s Supreme Court allows 80,000-driver lawsuit against Swift to proceed

Updated Feb 22, 2017

Swift truckTruckers’ 2004 lawsuit against Swift Transportation can proceed after the Arizona Supreme Court refused to decertify the class action lawsuit, allowing the 80,000-member class to pursue allegations over mileage pay.

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.