By Top Class Actions  |  October 12, 2020

Category: Closed Class Actions

This settlement is closed!

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California AB5: good for truckers?

UDPATE:

  • A judge granted this settlement final approval on May 19, 2021.

Prime Trucking has agreed to pay $28 million to resolve claims that it violated truck driver labor laws by failing to properly pay its workers. Under the terms of the settlement, Class Members can collect payments of at least $100 without a claim form or larger awards if they file a valid claim form.

The settlement benefits individuals who attended truck driver training for Prime Trucking, who worked as employee drivers for Prime, and/or who worked as independent contractor drivers and leased their trucks through Prime between Oct. 2, 2012, and May 8, 2020. Individuals who otherwise attended training for Prime Trucking in Missouri between March 4, 2010, and May 8, 2020 are also included.

Plaintiff Dominic Oliveira filed his class action lawsuit against Prime Trucking in March 2015. According to Oliveira, Prime violated truck driver labor laws on both the state and federal level by failing to properly compensate drivers for their time.

Specifically, Prime Trucking allegedly failed to pay trainees wages during training orientation and cheated both employee drivers and independent contractors out of thousands of dollars in wages.

Prime Trucking has not admitted any wrongdoing but has agreed to pay $28 million to resolve the claims against it.

The settlement was reached after extensive litigation, including a 2019 Supreme Court ruling.

In January of last year, the high court rejected Prime Trucking’s bid to send the truck driver claims to arbitration. This decision backed up a district court and 1st Circuit ruling that also rejected the push for arbitration.

Despite the Supreme Court ruling, Prime Trucking reportedly continued to argue for arbitration until its final bid was rejected by a Boston federal judge in December 2019. The $28 million truck driver settlement was reached months later in May 2020.

Under the terms of the truck driver settlement, cash payments of $100 are guaranteed to all Class Members, even if they do not file a valid claim form. However, Class Members who do file a claim will be eligible to receive additional payments.

In order to receive additional benefits from the truck driver settlement, Class Members must file a valid claim form by Dec. 7, 2020.

Individuals who already received money from a California truck driver settlement with Prime Trucking will be eligible for a 50% share of whatever payment they may have received from this settlement.

The deadline for exclusion and objection is Dec. 7, 2020. The final approval hearing for the truck driver settlement is scheduled for Jan. 13, 2021.

Who’s Eligible

Individuals who attended truck driver training for Prime Trucking, who worked as employee drivers for Prime, and/or who worked as independent contractor drivers and leased their trucks through Prime between Oct. 2, 2012, and May 8, 2020. Individuals who otherwise attended training for Prime Trucking in Missouri between March 4, 2010, and May 8, 2020 are also included.

Potential Award

Cash payments of at least $100.

Payments of $100 are guaranteed to all Class Members, even if they do not file a valid claim form. However, Class Members who do file a claim will be eligible to receive additional payments.

Individuals who already received money from a California truck driver settlement with Prime Trucking will be eligible for a 50% share of whatever payment they may have received from this settlement.

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/07/2020

Case Name

Dominic Oliveira v. New Prime Inc., Case No. 1:15-cv-10603, in the U.S. District Court for the District of Massachusetts

Final Hearing

01/13/2021

Settlement Website

Claims Administrator

Prime Trucking Settlement Administrator
c/o JND Legal Administration
PO Box 91185
Seattle, WA 98111
[email protected]
(833) 674-0178

Class Counsel

Hillary Schwab
Brant Casavant
Rachel Smit
FAIR WORK PC

Virginia Stevens Crimmins
Matthew R. Crimmins
CRIMMINS LAW FIRM LLC

Garrett M. Hodes
HODES LAW FIRM

Andrew Schmidt
ANDREW SCHMIDT PLLC

Defense Counsel

Joshua S. Lipshutz
Jason C. Schwartz
Amanda C. Machin
GIBSON DUNN & CRUTCHER LLP

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16 thoughts onPrime Trucking Driver Wages Class Action Settlement

  1. Matthew moody says:

    I never received a notice In the mail to file a claim …I’m hoping that I still can file a claim

  2. Nunya says:

    Yup, Got mine in Detroit yesterday

    1. Joyce says:

      Still haven’t gotten mine. ?

  3. Curtis Breedlove says:

    Click here for official message from Prime, Inc. about this settlement.

    The deadline to submit a claim to participate in this Settlement has passed for most members of the Class. It is anticipated that the payments for everyone who originally received notice in 2020 will be mailed out by April 26, 2021, so claimants should expect to receive their checks shortly after that date. If you received notice in 2021, different dates will apply. If your address has changed since you submitted your claim form (and you didn’t already update your address), please contact the Settlement Administrator at [email protected] or 1-833-674-0178 to provide your updated address.

  4. Curtis Breedlove says:

    Check in the mail today CA

    1. Nunya says:

      Got mine in Detroit yesterday

      1. Curtis Breedlove says:

        Woohoooo did u get a decent amount $$

  5. William Hysong says:

    Still waiting to hear of the results from Jan. 13, 2021. Are we getting the monies or what???

    still waiting to hear

  6. Tammy J Current says:

    When is this supposed to be paid out? What is the status?

  7. Bryant Gardner says:

    when is the expected payout or has this taken place already?

    1. Collene Reynolds says:

      I called and talked to them. It is supposed to be paid out sometime in April but each payout is different depending on time worked.

  8. John says:

    What is the status of the lawsuit??

    1. Bessie Bryant says:

      When will I receive payment and how much will it be?

  9. Bryon Buchanan says:

    Has there been an update on when we will get paid for this?

  10. Richard Halverson says:

    My time with Prime was prior to the dates listed in class action. Can I still file a claim against Prime?

    1. John says:

      Give it a try. The least that could happen is they deny you.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.