Oliveira v. New Prime, Inc. and Haworth v. New Prime, Inc.
Prime Trucking Settlement Administrator
D. Mass Civil Action No. 1:15-cv-10603, W.D. Mo. Civil Action No. 6:19-03025-CV-RK

Frequently Asked Questions

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  • Plaintiff Dominic Oliveira filed a lawsuit in United States District Court for the District of Massachusetts on March 4, 2015 on behalf of himself and other similarly situated trainees and drivers for Prime in a case entitled Oliveira v. New Prime, Inc., Case No. 1:15-CV-10603. This lawsuit alleged violations of the FLSA and state wage and hour laws. Specifically, the lawsuit alleged that Prime failed to properly pay trainees during orientation at Prime, and that Prime’s pay practices with respect to employee drivers and independent contractors violated federal and state wage and hour laws. Plaintiff Rocky Haworth filed a lawsuit in the United States District Court for the Western District of Missouri on January 22, 2019 on behalf of himself and other similarly situated B and C seat drivers employed at Prime in a case entitled Haworth v. New Prime, Inc., Case No. 6:19-CV-03025-RK. This lawsuit alleged that Prime’s compensation of B and C seat drivers violated the FLSA and Missouri wage laws. Prime denied and continues to deny the allegations in these cases. However, Prime wishes to settle these cases to avoid continued costly and time-consuming litigation.

  • The following class and collective action has been certified for settlement purposes: all individuals who have attended training to become truck drivers for Prime and/or have driven for Prime as employee drivers and/or as independent contractor drivers who have leased their trucks through Prime at any time from October 2, 2012, to May 8, 2020, and all individuals who have otherwise attended training in Missouri to become truck drivers for Prime at any time from March 4, 2010, to May 8, 2020 (the “Class Period”), except for the named plaintiffs in Montgomery v. New Prime, Inc., 8:17-00321 (C.D. Cal.).

  • To settle this case, Prime has agreed to pay a total of up to $28,000,000.00 (the “Settlement Fund”), inclusive of all alleged unpaid wages, liquidated damages, penalties, interest, costs, and attorneys’ fees.

    If the Court approves the settlement, you are eligible to receive a portion of the Settlement Fund, after payment of attorneys’ fees and costs and Service Awards to the Class Representatives. If the Court approves the settlement and you do nothing, you shall receive a minimum payment of $100.00, less applicable tax withholdings, in exchange for releasing your claims (See Section 6). If the Court approves the settlement and you file a Claim/Consent to Join Form, you will be entitled to receive an additional amount. The parties have endeavored to divide the Settlement Fund in a fair way. The Settlement Fund will be allocated in the following ways:

    • Orientation Class Fund: Individual allocations of this fund will be based on the type of training or orientation you attended and the location where you attended it.
    • B/C Seat Class Fund: Individual allocations of this fund will be based on: the miles driven in B or C seat status, compared to the gross earnings during that time.
    • A Seat Class Fund: Individual allocations of this fund will be based on: the miles driven in A seat status as an employee driver (also known as “company driver”), compared to the gross earnings during that time.
    • Independent Contractor Class Fund: Individual allocations of this fund will be based on: the miles driven in A seat status as an independent contractor, compared to 65% of the gross revenues earned during that time.
       

    Additionally, individuals who have already received monies as part of another class action settlement in California against New Prime, Inc. will receive a 50% share from this settlement. Under these formulas, if the settlement is approved by the Court and you join the settlement, you will receive a settlement payment no less than the estimated gross amount listed in the Notice sent to you. You may also be eligible to be paid additional amounts from the settlement depending on how many individuals submit forms to participate in the settlement.

    One-half of each Settlement Class Member’s settlement payment is considered wages and shall be subject to the withholding of all applicable local, state, and federal taxes, and reported on an IRS Form W-2. The remaining one-half of the settlement payment is considered compensation for interest, penalties and liquidated damages, and will not be subject to payroll withholdings, and will be reported on an IRS Form 1099. Please consult with your accountant or other tax advisor regarding the tax consequences of the settlement, including the non-monetary relief provided pursuant to the settlement, which is described below.

    In addition to the monetary relief above, as a part of the settlement, if approved, Prime has agreed (1) to release entitlement to and not pursue any collection efforts relating to all monies purportedly owed to Prime by Class Members who either currently or at the time of their departure from Prime were in orientation, a B/C seat position, or an A seat company position; (2) to release entitlement to and not pursue any collection efforts related to all monies purportedly owed to Prime by Class Members who file a Claim/Consent to Join form and who either currently or at the time of their departure from Prime were in an independent contractor driving position (with the exception of certain independent contractors who may have destroyed, damaged or stolen Prime property); (3) to use best efforts to request that the national credit reporting agencies (Experian, Equifax and TranUnion) delete any reporting of drivers’ accounts with Prime in connection with any monies released as described above; and (4) upon a driver’s request to HireRight, provide a timely letter to HireRight with a copy to the requesting driver that any defaults owing to Prime and/or related entities have been rescinded by mutual agreement. For more information about this additional relief and the extent to which it applies to you, please visit the FAQ page or contact the Settlement Administrator (contact information in Section 10, below).

  • The Court has appointed Hillary Schwab and Rachel Smit of Fair Work, P.C. of Boston, Massachusetts as Class Counsel to represent the Settlement Class and Virginia Stevens Crimmins, and Matthew R. Crimmins of the Crimmins Law Firm LLC of Independence, Missouri, Garrett M. Hodes of the Hodes Law Firm, LLC of Kansas City, Missouri, and Ms. Schwab as Class Counsel to represent members of the Settlement Class relating to claims for unpaid wages while driving as B and/or C seat drivers. The contact information for Class Counsel is listed below in Section 10.

  • Class Counsel pursued these cases on a contingent fee basis and has not received any payment of fees or reimbursement of their out-of-pocket expenses related to litigation or recovery on behalf of the Class. As part of the settlement, subject to approval, Class Counsel will apply for attorneys’ fees in an amount not to exceed $9,240,000.00, which is 33% of the Settlement Fund. Additionally, Class Counsel will apply for reimbursement of litigation costs (including the costs of having a Settlement Administrator administer this settlement) in an amount not to exceed $225,000.00. The payment for attorneys’ fees and litigation costs to Class Counsel will be recovered from the Settlement Fund. Participating Class Members will not be required to make any payments to Class Counsel for attorneys’ fees or other litigation costs from their individual settlement amounts. Class Counsel will also ask the Court to approve Service Awards to the Class Representatives in an amount not to exceed $50,000.00 to Mr. Oliveira and $25,000.00 to Mr. Haworth. Class Counsel intends to file a motion for attorneys' fees and costs by November 23, 2020.  If you would like to receive a copy of that motion, please contact Class Counsel (contact information in Section 10 below) after that date.

  • If the Court approves the proposed Settlement, these cases will be dismissed with prejudice on the merits as to all Class Members who do not exclude themselves the settlement. This means that Class Members who do not exclude themselves will be barred from bringing their own lawsuits for recovery against Prime to the fullest extent allowed by law. Specifically, Class Members who do not exclude themselves from the Settlement and/or who endorse their respective settlement check(s), will release all federal and state wage and hour claims, contract and quasi-contract claims, and any other claims that relate to unpaid wages or compensation that arose in the course of such Class Member’s attending training to become a truck driver for Prime from March 4, 2010 to May 8, 2020 and/or driving for Prime either as an employee driver, and/or as an independent contractor driver who has leased their trucks through Prime, at any time from October 2, 2012 to May 8, 2020 to the fullest extent allowed by law.

    Class Members who validly and timely request exclusion from the Settlement will not be entitled to receive money or other relief as part of this settlement and will not release any claims.

  • If the Court does not approve the proposed settlement, the case will proceed as if no settlement has been attempted, and there can be no assurance that the class will recover more than is provided for in this Settlement, or indeed, anything.

  • A hearing will be held before the Honorable Patti B. Saris, Chief Judge, in the United States District Court for the District of Massachusetts on Wednesday, January 13, 2021, at 2:30 pm ET at 1 Courthouse Way - Suite 2300, Boston, MA 02210. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair, reasonable, and adequate as to the Class and should be approved and, if so, to determine what amount of attorneys’ fees and expenses should be awarded to Class Counsel and what amount should be awarded as Service Awards to the Class Representatives. The time and date of this hearing may be changed without further notice. To confirm that the hearing is going forward on the scheduled date and time and/or to inquire about appearing at the hearing by telephone rather than in person, please contact the Settlement Administrator or Class Counsel (contact information in Section 10, below).

  • If you are receiving the Notice, you have the following options:

    1. Do Nothing: If you choose to do nothing, you will receive the minimum settlement payment of $100.00, and you will release your wage claims against Prime (and its subsidiaries and affiliates) as described herein.
       
    2. Join the Settlement and Receive your Maximum Settlement Share: If you wish to join the settlement and receive your maximum share, you must return a Claim/Consent to Join Form no later than December 7, 2020.

      You may submit your Form by clicking here. You may also submit your Form to the Administrator via mail, email, or facsimile at the following address:

      Prime Trucking Settlement Administrator
      c/o JND Legal Administration
      P.O. Box 91185
      Seattle, WA 98111
      Fax: 877-938-0698
      Email: Info@PrimeTruckingSettlement.com


      If you received the Notice via U.S. Mail, an addressed and postage paid envelope is enclosed for your convenience. Your signed Form must be submitted electronically or by facsimile or postmarked by December 7, 2020.
    3. Request Exclusion from the Settlement: If you wish to be excluded from the settlement, you must request exclusion no later than December 7, 2020. Your request for exclusion from the settlement must contain the following information: (1) your full name, address, email address, and telephone number; (2) the approximate dates of your relationship with Prime; (3) a statement that you request to be excluded from the settlement and understand that you will not be eligible to recover any monies as part of the settlement; and (4) your signature. You may submit a request for exclusion by mail, email, or facsimile at the following address: Prime Trucking Settlement Administrator, c/o JND Legal Administration, P.O. Box 91185, Seattle, WA 98111, Fax: 877-938-0698, Email: Info@PrimeTruckingSettlement.com. If you exclude yourself from the settlement, you will not receive any monies from the settlement.
    4. Object to the Settlement: If you are a Class Member and you do not request to be excluded, you may object to the terms of the settlement and/or to the Class Counsels’ request for attorneys’ fees and expenses, and/or to the Service Awards for the Class Representatives. If you object and the settlement is approved, you will be barred from bringing your own individual lawsuit asserting claims related to the matters referred to in the Litigation, and you will be bound by the final judgment and release and all Orders entered by the Court. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own attorneys’ fees and costs.

      If you object to the settlement and/or to the Class Counsels’ request for attorneys’ fees and expenses, and/or to the Service Awards for the Class Representatives, you must, on or before December 7, 2020: (1) file with the Clerk of the United States District Court for the District of Massachusetts, and (2) serve upon the Settlement Administrator at Prime Trucking Settlement Administrator, c/o JND Legal Administration, P.O. Box 91185, Seattle, WA 98111, Fax: 877-938-0698, Email: Info@PrimeTruckingSettlement.com, a written objection including: (a) your full name, address, email address, and telephone number, (b) the approximate dates of your relationship with Prime, (c) a written statement of all grounds for the objection, (d) copies of any papers, briefs, or other documents upon which the objection is based (if applicable), (e) a statement of whether you intend to appear at the Fairness Hearing, and (f) your signature, even if you are represented by counsel. If you intend to appear at the Fairness Hearing through counsel, the objection must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the settlement. If you object to the settlement but would like to receive the full amount to which you are entitled if your objection is overruled by the Court, then you must submit a Claim/Consent to Join Form in addition to your objection no later than December 7, 2020. If you submit an objection but do not submit a Claim/Consent to Join Form and your objection is overruled, then you will receive only the minimum payment of $100.00.
  • If you have any questions or require additional information, please contact the Administrator at the following contact information:

     

    Prime Trucking Settlement Administrator
    c/o JND Legal Administration
    P.O. Box 91185
    Seattle, WA 98111
    Telephone: 833-674-0178
    Fax: 877-938-0698
    Email: Info@PrimeTruckingSettlement.com
     

    You may also contact the Class Counsel at the following contact information:

    Hillary Schwab
    Rachel Smit
    Fair Work, P.C.
    192 South Street, Suite 450
    Boston, MA 02111
    Telephone: 617-607-3261
    Email: PrimeTruckingSettlement@fairworklaw.com

    Virginia Stevens Crimmins
    Matthew Crimmins
    Crimmins Law Firm LLC
    214 S. Spring Street
    Independence, MO 64050
    Telephone: 855-974-0777
    Email: PrimeTruckingSettlement@crimminslawfirm.com

    Garrett M. Hodes
    Hodes Law Firm, LLC
    900 Westport Rd., 2nd Floor
    Kansas City, MO 64111
    Telephone: 855-635-7890
    Email: PrimeTruckingSettlement@hodeslawfirm.com

    PLEASE DO NOT CONTACT THE COURT CLERK REGARDING THIS MATTER

For More Information

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Mail

Prime Trucking Settlement Administrator
c/o JND Legal Administration
PO Box 91185
Seattle, WA 98111