Swifties: If You Get A TEXT About Trainee Back Pay From Swift

I'm sure many Swift drivers got a text about an "Official Court Order" and a link to a web site. The website is real and the lawsuit is real. To save you some trouble, I checked out the link. Here's the "meat" of the complaint:

What Is The Lawsuit About?

The Plaintiffs allege that Swift has denied minimum wages to its Trainee Truck Drivers by requiring them to perform work off-the-clock, without compensation. The categories of work Plaintiffs allege were not compensated include time spent: riding in the truck while in route; studying; and performing other productive tasks while off-the-clock. Plaintiffs allege that the off-the-clock work results in the denial of minimum wage. Swift denies that the claims have merit. Swift contends that it has paid the Trainee Truck Drivers properly under the Fair Labor Standards Act.

As I recollect, Swift trainees get paid a decent hourly wage when we are ON DUTY or DRIVING. I was paid even while waiting for a dock (sometimes several hours) following HOS rules. Well, class action lawsuits are an industry unto its own.

So is ADX Florrence, CO in your future, Errol?

All my mentors required me to log off duty while waiting for dock. I was forced to log off duty while studying the materials provided by Swift. I don’t have the control of the Qualcomm. So there.

"studying the materials provided by Swift" is not a required duty, just like homework studying.

As for being "off duty" at a dock, that's an HOS rule that you should be on duty. And, your trainee work hours have nothing to do with your Mentor's pay so you shouldn't be "forced" into that.

Forced meaning I wasn’t allowed to touch the Qualcomm so I can’t change my status to ON DUTY when I am performing on duty tasks. If I can’t touch the Qualcomm and the mentor changes all my HOS and then approves it, does that count as “forced?”

Studying Swift’s employee handbook and student guide is not “homework.” These should be ON DUTY events. This was discussed during orientation.

Sweeping the trailer should be ON DUTY and not something I should be doing in sleeper berth.

I think the mentors are coached to minimize Students’ on duty time. Why are they so eager to change my time to off duty? Maybe they just want to divert all my ON DUTY time to DRIVE so I can complete my 200 hours quicker?

"studying the materials provided by Swift" is not a required duty, just like homework studying.

As for being "off duty" at a dock, that's an HOS rule that you should be on duty. And, your trainee work hours have nothing to do with your Mentor's pay so you shouldn't be "forced" into that.

Hint... if all my time is spent on DRIVE and not ON DUTY, then, of course it affects my mentor’s pay. My mentor’s extra pay comes from the miles I DRIVE, not performing ON DUTY tasks. If I spend more time on duty, then I will need to do my 34 resets sooner, and unable to DRIVE, and therefore affects my mentor’s pay.

So of course it affects my mentor’s bank account if I spend time ON DUTY.

Perfect HOS log for my mentor would be 10:45 hours DRIVE and 20 minuets ON DUTY for pre and post trip everyday. Hitting that everyday until 200 hours are up and then on to the next student.

These mentors are abusing the system and Swift enables them because Swift wants to lease the trucks to them.

This has been going on for years and years. I hard to learn the hard way.

Forced meaning I wasn’t allowed to touch the Qualcomm so I can’t change my status to ON DUTY when I am performing on duty tasks. If I can’t touch the Qualcomm and the mentor changes all my HOS and then approves it, does that count as “forced?”

Studying Swift’s employee handbook and student guide is not “homework.” These should be ON DUTY events. This was discussed during orientation.

Sweeping the trailer should be ON DUTY and not something I should be doing in sleeper berth.

I think the mentors are coached to minimize Students’ on duty time. Why are they so eager to change my time to off duty? Maybe they just want to divert all my ON DUTY time to DRIVE so I can complete my 200 hours quicker?

"studying the materials provided by Swift" is not a required duty, just like homework studying.

As for being "off duty" at a dock, that's an HOS rule that you should be on duty. And, your trainee work hours have nothing to do with your Mentor's pay so you shouldn't be "forced" into that.

Anytime spent off duty while working is not the fault of the mentor, but of the trainee. You should have reported the mentor to driver development. If you did not do this, don't blame swift for your own negligence.

Hint... if all my time is spent on DRIVE and not ON DUTY, then, of course it affects my mentor’s pay. My mentor’s extra pay comes from the miles I DRIVE, not performing ON DUTY tasks. If I spend more time on duty, then I will need to do my 34 resets sooner, and unable to DRIVE, and therefore affects my mentor’s pay.

So of course it affects my mentor’s bank account if I spend time ON DUTY.

Perfect HOS log for my mentor would be 10:45 hours DRIVE and 20 minuets ON DUTY for pre and post trip everyday. Hitting that everyday until 200 hours are up and then on to the next student.

These mentors are abusing the system and Swift enables them because Swift wants to lease the trucks to them.

This has been going on for years and years. I hard to learn the hard way.

Forced meaning I wasn’t allowed to touch the Qualcomm so I can’t change my status to ON DUTY when I am performing on duty tasks. If I can’t touch the Qualcomm and the mentor changes all my HOS and then approves it, does that count as “forced?”

Studying Swift’s employee handbook and student guide is not “homework.” These should be ON DUTY events. This was discussed during orientation.

Sweeping the trailer should be ON DUTY and not something I should be doing in sleeper berth.

I think the mentors are coached to minimize Students’ on duty time. Why are they so eager to change my time to off duty? Maybe they just want to divert all my ON DUTY time to DRIVE so I can complete my 200 hours quicker?

"studying the materials provided by Swift" is not a required duty, just like homework studying.

As for being "off duty" at a dock, that's an HOS rule that you should be on duty. And, your trainee work hours have nothing to do with your Mentor's pay so you shouldn't be "forced" into that.

Dean advises

Anytime spent off duty while working is not the fault of the mentor, but of the trainee.

Thanks Dean. (And welcome to Trucking Truth.) I was just getting tired of the penny ante stuff about how a student's limited hours affects the (L/O) mentor's pay. And it don't affect pay.

Also, Tommy, don't try to excuse your problems by blaming someone else. If you're new, a rookie, and got into this game, how do you know about Swift and Swift leasing, "for years and years"?

I am not going to waste time reading it. Swift laid out the program and I agreed to that program.

Tommy I know you had a rough go with your first mentor, but I want to offer another way to look at it.

This only pertains to HOS , not the Qualcomm stuff. When I first started driving the whole "log what you do and do what you log" was spoken while safety and everyone else was winking and nodding.

Reality is I get paid to drive. I don't get paid to sweep trailers, get wash outs, do paperwork etc. So right or wrong, I am not going to log any time on line four that is not absolutely necessary. This is how I was taught originally and it is how I operate.

Is it "cheating"? Yes. Am I taking the risk of having DOT make an example of me? Yes. But in the end I make that choice. No one forces me to and I fully understand that if something goes wrong it will be my butt on the line.

Victim blaming I see. Of course I reported him to the student development and wrote a statement about this. The last time I heard, he was still getting students.

It’s the tone-deaf attitude like yours that’s why they are brining the lawsuits. The only way to make people listen.

Anytime spent off duty while working is not the fault of the mentor, but of the trainee. You should have reported the mentor to driver development. If you did not do this, don't blame swift for your own negligence.

Hint... if all my time is spent on DRIVE and not ON DUTY, then, of course it affects my mentor’s pay. My mentor’s extra pay comes from the miles I DRIVE, not performing ON DUTY tasks. If I spend more time on duty, then I will need to do my 34 resets sooner, and unable to DRIVE, and therefore affects my mentor’s pay.

So of course it affects my mentor’s bank account if I spend time ON DUTY.

Perfect HOS log for my mentor would be 10:45 hours DRIVE and 20 minuets ON DUTY for pre and post trip everyday. Hitting that everyday until 200 hours are up and then on to the next student.

These mentors are abusing the system and Swift enables them because Swift wants to lease the trucks to them.

This has been going on for years and years. I hard to learn the hard way.

Forced meaning I wasn’t allowed to touch the Qualcomm so I can’t change my status to ON DUTY when I am performing on duty tasks. If I can’t touch the Qualcomm and the mentor changes all my HOS and then approves it, does that count as “forced?”

Studying Swift’s employee handbook and student guide is not “homework.” These should be ON DUTY events. This was discussed during orientation.

Sweeping the trailer should be ON DUTY and not something I should be doing in sleeper berth.

I think the mentors are coached to minimize Students’ on duty time. Why are they so eager to change my time to off duty? Maybe they just want to divert all my ON DUTY time to DRIVE so I can complete my 200 hours quicker?

"studying the materials provided by Swift" is not a required duty, just like homework studying.

As for being "off duty" at a dock, that's an HOS rule that you should be on duty. And, your trainee work hours have nothing to do with your Mentor's pay so you shouldn't be "forced" into that.