New Prime Trucking Labor Law Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

This settlement resolves two class/collective actions alleging New Prime, Inc. violated state and federal labor laws. The first claimed New Prime violated the federal Fair Labor Standards Act (FLSA) and Missouri wage and hour laws by not paying trainees for orientation time and by its pay policies towards both employee and independent contractor drivers. The second alleged that New Prime’s pay policies for B and C seat truckers violated the FLSA and Missouri wage laws.

Docket Number:

1:15-CV-10603, 6:19-CV-03025-RK

Company: New Prime, Inc.

Filing Deadline: December 7, 2020

Class Period: March 4, 2010 to May 8, 2020

Objection Deadline: December 7, 2020

Exclusion Deadline: December 7, 2020

Final Approval Hearing: January 13, 2021

Proof of Purchase:

Presumably company records will be used to identify class members.

Eligibility:

This settlement resolves two class/collective actions alleging New Prime, Inc. violated state and federal labor laws. The first claimed New Prime violated the federal Fair Labor Standards Act (FLSA) and Missouri wage and hour laws by not paying trainees for orientation time and by its pay policies towards both employee and independent contractor drivers. The second alleged that New Prime’s pay policies for B and C seat truckers violated the FLSA and Missouri wage laws.

You may be eligible if you are an individual who
- Attended training for becoming a truck driver with Prime, drove for Prime as either an employee or an independent contractor who leased a truck via Prime, at any time between October 2, 2012 and May 8, 2020, or
- Attended training in Missouri for becoming a truck driver with Prime at any time between March 4, 2010 and May 8, 2020.
You are not eligible if you are one of the named plaintiffs in a third class action, Montgomery v. New Prime, Inc., 8:17-00321.

Typical Settlement Amount:

Minimum payment: $100. Additional amounts will be paid out of four funds, the Orientation Class Fund, the A Seat Class Fund, the B/C Seat Class Fund, and the Independent Contractor Class Fund. See the Notice or Settlement Agreement for allocation formulas.

Those who received payments as part of a California settlement may still receive 50% of a payment from this settlement.

Half of each settlement payment will be considered wages; it will be subject to withholding and will be reported to the IRS on a W-2 form. The other half will be considered interest, penalties, and so on; it will not be subject to withholding and will be reported on a 1099 form.

Total Settlement Amount: $28,000,000

Class Representative Proposed Incentive Fee:

Up to $50,000.00 to Mr. Oliveira and up to $25,000.00 to Mr. Haworth.

Law Firms:
Crimmins Law Firm, LLC
Fair Work PC
Hodes Law Firm, LLC

Claim Form: New Prime Trucking Labor Law Settlement Claim Form

Case Name: Oliveira v. New Prime, Inc., Haworth v. New Prime, Inc

Settlement Website: New Prime Trucking Labor Law Settlement Website

Claims Administrator:
JND Legal Administration

Claims Administrator Contact Information:

Prime Trucking Settlement Administrator
c/o JND Legal Administration
PO Box 91185
Seattle, WA 98111
Info@PrimeTruckingSettlement.com
(833) 674-0178

Tags: Employment Violations, Training or Orientation Not Paid or Not Properly Paid, Wage and Hour Violations