Freitas et al., v Heartland Express, Inc. of Iowa

The Court overseeing this case granted “conditional certification” for settlement purposes and directed that notice of the lawsuit and proposed settlement be sent to current and former long-haul drivers who worked for Defendant between September 1, 2019, and March 13, 2023. This notice has been sent to you because Defendant’s records indicate that you are or were a long-haul driver employed by Defendant between September 1, 2019, and March 13, 2023. This notice is intended to inform you of this lawsuit and your right to participate in the Settlement by joining as an opt-in plaintiff.  

The Plaintiffs in the lawsuit allege that Defendant denied United States resident long-haul drivers minimum wages by requiring them to perform work off-the-clock without compensation. The categories of work Plaintiffs allege were not compensated include time spent engaging in pre and post trip duties when logged in as “off duty” or “sleeper berth.” This may include time spent before and after drivers’ trips, time attending the drivers’ vehicles, and other tasks. Plaintiffs allege that the off-the-clock work results in the denial of minimum wage. Defendant denies that the claims have merit. Defendant contends that they have paid the long-haul drivers properly under the FLSA.

If you worked for Defendant as a long-haul truck driver in the United States at any time September 1, 2019, and the March 13, 2023, you are eligible to join the collective and participate in the Settlement. 

Your Consent to Join form must be postmarked by July 3, 2023 to be considered timely.

As part of the Settlement, $200,000 has been allocated to the FLSA Settlement Fund, which will be used to compensate eligible drivers who submit a Consent to Join. If you submit a Consent to Join, you will receive a payment based on your total number of workweeks as a United States resident long-haul driver of Defendant between the period of September 1, 2019, and March 13, 2023.  If you submit a Consent to Join, your payment will be the gross amount of your pro rata portion of the FLSA Settlement Fund. Your pro rata portion will be determined by multiplying the FLSA Settlement Fund by the percentage of total workweeks for all drivers who submit a Consent to Join that is made up by your total workweeks. Your total Number of workweeks from the Defendant’s records during the relevant period (September 1, 2019 and March 13, 2023) are listed on your notice. The notice was sent via U.S. Mail. If you did not receive your notice, please contact the Settlement Administrator. Together, all the potential members of the FLSA Collective have worked approximately 283,996 workweeks. However, the total amount of workweeks that will be used to calculate your potential FLSA Settlement Payment will be only those weeks worked by individuals who submit a Consent to Join. This depends on the number of eligible individuals who submit a Consent to Join.

If you wish to dispute the workweeks data above, you must postmark your dispute and provide all supporting information and/or documentation to the Settlement Administrator by July 3, 2023.

If you submit a Consent to Join, you will:

• Be considered an opt-in plaintiff and submit to the jurisdiction of the California Superior Court, County of San Bernardino.
  
  
• Be bound by the terms of the Settlement, meaning that you will release and discharge Defendant and their past, present and/or future, direct and/or indirect, officers, directors, employees, agents, representatives, attorneys, insurers, partners, investors, shareholders, administrators, parent companies, subsidiaries, affiliates, divisions, predecessors, successors, assigns, and joint venturers, including specifically Heartland Express, Inc. of Iowa, its predecessors in interest, including specifically Gordon Trucking, Inc., Interstate Distributor, Co., and its parent company Saltchuk Resources, Inc., and any and all of their parent companies, predecessors, subsidiaries and all other affiliated or related entities including any of their current and former directors, officers and employees (the “Released Parties”) of any and all federal wage and hour law claims, that are pled in Plaintiffs’ operative complaints in the Freitas and/or Christensen Actions, or which could have been pled based upon the factual allegations in these complaints, arising under the FLSA during the period of September 1, 2019 and the March 13, 2023 (“FLSA Released Claims”). As such, you will be barred from pursuing any of the claims alleged in this lawsuit against the Released Parties.
   
• You consent to be represented by Class Counsel, as identified below.

If you mail a Consent to Join to the Settlement Administrator that is postmarked on or before July 3, 2023 and the Court ultimately approves the Settlement, you will receive your portion of the FLSA Settlement Fund allocated to the release of claims under the FLSA. 

If you do not join, you will not be entitled to share in any amounts recovered under the Settlement in this Action. Your rights under the FLSA will not be affected by any judgment issued or Settlement approved.   

IF YOU WISH TO TAKE PART IN THIS SETTLEMENT, YOU MUST SUBMIT A “CONSENT TO JOIN” FORM BY SIGNING AND MAILING THE FORM ENCLOSED HEREIN TO THE FOLLOWING ADDRESS:

The Consent to Join form must be postmarked by July 3, 2023 to be considered timely. The return envelope has been pre-addressed and pre-paid for your convenience.  

Additional information, including a full copy of the Parties’ Stipulation of Settlement and Release (“Settlement Agreement”) can be obtained by contacting the Class Counsel (listed below) or reviewing the Settlement website at www.HeartlandLongHaulDriversSettlement.com.

The Court file in the Freitas Action can be examined in person at the Clerk’s Office of the United States District Court, Thomas S. Foley United States Courthouse, 920 West Riverside Ave, Spokane, WA 99201. Court documents may also be viewed electronically for a charge by visiting the Court’s Electronic Records database PACER at www.pacer.gov, and inputting the case information. Other than in-person requests to examine the file at the Clerk’s office, no inquiries concerning this case should be directed to the Court or to the Clerk of the Court. 

The Court file in the Christensen Action can be examined in person at the Clerk’s Office Superior Court of California, County of San Bernardino, San Bernardino District – Civil Division, 247 West Third Street, San Bernardino, CA 92415-0210. Court documents may also be viewed electronically for a charge by visiting the Court’s Electronic Records database at https://www.sb-court.org/divisions/civil-general-information/court-case-information-and-document-sales. 

Plaintiffs are represented by the following attorneys: