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Truck drivers for PAM Transport, who filed a labor lawsuit against the company nearly four years ago, are finally set to receive compensation for their wage and hour claims. Truck driver compensation has historically been complicated, since truck drivers are usually paid per mile, not per hour—which can lead to some problems with wage and hour law at the federal and state levels.
The truckers originally filed their lawsuit back in 2016, alleging that the trucking company had violated both the Fair Labor Standards Act (FLSA) and Arkansas Minimum Wage Law (AMWL) by failing to pay minimum wage “for all hours worked.”
The lawsuit alleged that truckers were required by the company to remain over-the-road (OTR) or at least near their truck for long periods of time in excess of 24 hours at once. Indeed, drivers alleged that they were, essentially, “continually” on duty.
Under Arkansas law, in a 24-hour period spent with a truck, 16 of those hours are considered work time and must be compensated with at least minimum wage, the truckers claimed. However, the drivers argue that they were required to work more than 16 hours a day with a variety of duties that affected their sleeping time.
The lawsuit also cited other wage issues. According to the complaint, the company made “unlawful deductions” from their drivers’ pay, such as charging a $10 fee for advances up to $75. The lawsuit was filed as a class action, on behalf of drivers working for the company between Dec. 9, 2013 and Dec. 31, 2019. The class action ended up including thousands of PAM Transport drivers.
PAM Transport filed a motion to dismiss the claims filed by these drivers, but in 2018, the motion was denied by the court. Essentially, the denial of the motion to dismiss meant that the Court decided that time waiting in the truck’s sleeper berth still constitutes work.
PAM Transport agreed to pay a $16.5 million to bring an end to the wage and hour allegations, though it is important to note that the company has not admitted any wrongdoing in the terms of the settlement agreement. The settlement was granted final approval by Judge Timothy L. Brooks of the U.S. District Court for the Western District of Arkansas at the end of July.
The three named plaintiffs in the case are set to receive $40,000 service awards, plaintiffs who sat for deposition will receive $1,000 apiece, and plaintiffs who had prepared to testify at trial (though it didn’t happen) will receive $2,500 each.
The rest of the class members will receive various amounts depending on how long they worked with PAM as a trucker. Each class member will receive at least $150, plus more based on how many weeks they worked. On average, each will receive around $600.
The settlement agreement didn’t only include monetary terms. On top of the financial awards, PAM Transport also agreed to stop charging its drivers $10 to receive wage advances, as well as stop withholding wages on payday due to late paperwork. The company maintains that it did nothing wrong and denies all of the complaint’s allegations.
Notably, the settlement agreement was initially reached between PAM Transport and the truckers back in February—just one day before the trial was set to begin.
More and more trucking companies are being hit with allegations of wage and hour violations over issues of minimum wage, overtime, healthcare, misclassification, and more.
If you currently work or have worked for a trucking company like PAM Transport and believe your company may have failed to pay you proper wages or overtime, or has otherwise violated wage and hour laws, you may be able to join this class action lawsuit investigation and pursue compensation.
Filing a lawsuit can be a daunting prospect, but Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
Join a Free Trucker Overtime Class Action Lawsuit Investigation
If you have worked as a contract truck driver and believe your carrier has failed to pay you minimum wage or overtime, or otherwise might not have honored a contract with you, you may qualify to file a truck driver lawsuit or class action lawsuit.
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16 thoughts onPAM Transport Wage Lawsuit Ends with $16.5 Million Settlement
I worked 70 hours in 5 days every week for Pam I ended up quitting because I was on a dedicated route and was told after 6 months for pay increase that I’d not be given 1
I just started for Pam back in June where they cent me to c1 in Lakeland FL, was promised 350 per week of training plus reimbursement for obtaining my hazmat, I only received the hazmat reimbursement. Was also promised 500 per week while on the truck with my mentor. But received around 300 a week which was 500 minus taxes. Have had a couple times in the past 2 months where for some reason paperwork didn’t go through when scanned using the Pam Transport mobile app and had 10% withheld from 2 different checks for those loads. Also as a team driver I’m paid 30 cents a mile with per diem 23/mi cents flat rate and 7 cents/mi for per diem. When I became a team driver I had my 1st teammate where he and I were supposed to get a 10,000 dollar bonus (5000 per driver) and then we’re told we didn’t qualify for that bonus because we didn’t split the commission of the truck which was not stated anywhere, then get told that there’s a new bonus for teams that run 18,000 miles for the month are to receive a $1000 bonus for the next 12 months. I was told my truck didn’t qualify for the month of October because we didn’t quite make the moles needed. For the month of November I acquired a new teammate and was told that the 5700 miles I ran and the 6461 that he ran while trying to get to a point where we could hook up counted towards the monthly mileage for this month’s $1000 bonus. My truck has ran a total of 11,163 miles since that message was given and now we are being told that the miles we ran while trying to meet up so my co-driver could get on my truck no longer counts and that we do not qualify for this month’s bonus either. They treat their drivers both solo and teams as if we are hamsters on a wheel and they are dangling a carrot in front of our faces, and the second we get within reaching distance of that carrot they yank it out and put it farther away. My co-driver and I are honestly about to tell them to take their contract and shove it.
I started driving for PAM back in 2003 2004 hired out of C1 Truck Driving School Indianapolis. They sent me to a sister company Decker Transport out of Riverdale NJ were I was paid .19cpm and they ran my ass off as pay went up mileage dropped off. My escrow account to pay for school didn’t exist most of the year they said.
I worked for Pam and didn’t seem like I was being paid right.
Here it is December 2nd, and I’m still waiting
I am still waiting on my settlement. Has anyone else received theirs?
I just got a check today for over 2k. I was working for PAM for almost the whole time period they audited, if that gives an idea of what everyone’s getting. Yours should be coming soon
I just called the office to ask about the lawsuit, and they told me that the checks have been mailed out already. The man told me just to wait by the mailbox and it should be coming soon.
What number did you call?
Yes I never got my $$$ what number do I call
Can’t get a response via email and don’t know any other way.
We r still waiting as well received a paper said we didn’t have to do anything to be included worked for them in 2014 and still waiting to find out if I will be gettin paid from the lawsuit.
I received a form in the mail about this I filled it out and sent it off but that was months ago…any update on when the payments were sent out ? I haven’t received anything yet via check etc..
Matthew Singleton
Same here-