Overdrive

20 | Overdrive March 2017 Logbook Swift Transportation is appealing a federal court decision that its own- er-operator contractor agreements constitute employment, opening the door for the driver plaintiffs to receive back pay and other relief, as sought in their lawsuit. About 5,000 of Swift's 19,000 drivers are owner-operators, but only five owner-operators are involved in the lawsuit explicitly. Swift, the country's largest truckload carrier, filed for appeal Jan. 11 follow- Swift appeals ruling on owner-operator status THE ARIZONA Department of Transportation installed win- ter weather sensors at three locations along Interstate 40 west of Flagstaff to help the agency determine if road conditions are deteriorating. ing the prior week's ruling that allows the truckers to seek class action certification. In 2014, the U.S. Supreme Court denied Swift's request that it review the 7-year-old case. The Phoenix-based company did not respond to a request for comment. The five plaintiffs signed Swift's contractor agree- ments, which require con- tract disputes to be resolved through arbitration. However, the Federal Aviation Admin- istration Authorization Act of 1994 exempts employees engaged in interstate com- merce from being compelled to use arbitration instead of the courts. "Plaintiffs had con- tracts of employment which are exempt from arbitration," Senior U.S. District Judge John W. Sedwick wrote. The truckers signed the agreements and leases with Interstate Equipment Leasing at the same time. "Under the terms of the IEL leases, the ability of plaintiffs to keep leas- ing their trucks was explicitly dependent on them maintain- ing their contractor agreements with Swift," Sedwick stated. "When read in conjunction with the at-will termination provision in the contractor agreements, Swift effectively had full control of the terms of the relationship," meaning the drivers were more employee than contractor. – Jill Dunn Weigh To Win rules. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Open only to legal residents of the 48 contiguous US and DC (ex. AK and HI) & CAN (ex. Quebec) who are the age of majority in their state/province/territory of residence at the time of entry and are licensed, full time working drivers of Class 8 trucks/18 wheelers. Void where prohibited. Sweepstakes ends at 11:59:59 p.m. local time on Ma y 31, 2017, or until all tickets have been distributed. All Game Plays must be completed by 11:59:59 p.m. CT on June 5, 2017. Subject to full Official Rules at www.weightowin.com. Go to weightowin.com for more details. 1-877-CAT-SCALE (228-7225) catscale.com | weighmytruck.com Play the Weigh To Win instant win game online for your chance to win one of thousands of prizes instantly and receive an entry into th e grand prize drawing for a 2017 Ford F-250 Crew Cab Truck! CAT OD 011617.qxp_Layout 1 1/20/17 11:12 AM Page 1 Untitled-82 1 1/20/17 2:21 PM

• Cover
• Readers: Behind-the-wheel training minimum critical.
• Pulse: FMCSA backpedals on safety proposal.
• The ELD mandate and the “House Freedom Caucus.”
• Dry bulk for the long haul.
• “Build the wall”: Majority favors Trump plan.
• Lawsuit opposes Trump order to reduce regs.
• Industry united against safety rating change.
• Court to review border policy.
• C.R. England plans to appeal fraud ruling.
• Lag growing between CDL training, skills test.
• Big-rig race series returns in new format.
• Rare 96-year-old White 5-ton finds new home.
• Reader Rigs: ’07 W900L an ice cream truck; ’14 389 a “Green Monster”; ’09 W900L a million-miler.
• BUSINESS: Make the most of your tax deductions.
• Gear Guide: Trailer brake drum, wheels, clutches, more.
• FLEET NEWS: Averitt expands in Northeast, hiring drivers.
• 5 APPS FOR THAT: Matching book lovers with recordings.
• RESPECT THE DINOSAURS: Diverse drivers united for a common goal is what it’s all about, Wendy Parker writes. Page 8.
• COVER STORY: Sleight of truck | Imagine arriving at a gate and presenting papers to pick up a load. The man in the guard shack looks confused and says you’ve already been there and that the load is gone. Heists involving false identity and other fraud ar
• Dodging the middleman: While no one service will be “Uber for all” in the fragmented brokerage market, on-demand load-matching services are seeing some success at circumventing traditional brokers and promising gains for owner-operators in rates, freight
• $25,000 awaits top owner-operator: Three owner-operators – Gary Buchs, Philip Keith and Kevin Kocmich – are finalists for the 2016 Owner-Operator of the Year award, produced by the Truckload Carriers Association and Overdrive.
• Maintaining your wheels: A pre-trip inspection for cracks and rust is usually sufficient for maintenance of aluminum and steel wheels. A few other best practices, though, can almost ensure that wheels last as long as your truck.