United States District Court
for the Western District of Washington
Case No. 2:12-cv-00904-RSL
You may be entitled to benefits under a class action settlement if at any time from April 19, 2009 to November 14, 2016 you worked for Knight Transportation while residing in Washington and using Knight’s Washington service center as your hometown location.
This is a court-ordered notice. This is not a solicitation from a lawyer.
- Three former employees (“Plaintiffs”) have sued Knight Transportation, Inc. (“Knight Transportation” or “Knight”) based on alleged violations of Washington state wage and hour laws. The lawsuit is known as Helde, et al. v. Knight Transportation, Inc., Case No. 2:12-cv-00904-RSL.
- The Court presiding over this case has issued a preliminary order approving a settlement that covers the Plaintiffs and Class Members in this case. The Court will decide whether the proposed settlement should be approved.
- Knight has agreed to pay $1,450,000 in total to the participating class members, which does not include attorneys’ fees and costs.
- As part of the proposed settlement, Knight does not admit to any wrongdoing and continues to deny the allegations in Plaintiffs’ complaint.
- Your legal rights are affected whether you act or don’t act. Please read this notice carefully.
If you received a copy of the Notice by mail, Knight Transportation’s records showed that during the period from April 19, 2009 to November 14, 2016, you worked as a driver while residing in the state of Washington and using Knight’s Washington service center as your hometown location.
|2. What is this lawsuit about?|
Plaintiffs claim Knight Transportation violated Washington state wage and hour laws. Knight Transportation denies this claim. More information about Washington state wage and hour laws and employee rights can be found at the website of the Washington State Department of Labor and Industries, www.lni.wa.gov/WorkplaceRights/.
|3. Why is there a settlement?|
The Court did not decide in any party’s favor. Instead, both sides agreed to a settlement. This allows the parties to avoid the cost of a trial, and the people affected will be entitled to compensation. The Class Representatives and their attorneys think the settlement is best for all Class Members.
|4. What claims are resolved by the settlement?|
The settlement will resolve all claims that have been or could have been brought on behalf of Class Members against Knight regarding Knight’s alleged violation of Washington’s laws related to employee compensation, including the following claims:
- Failing to pay drivers properly for hours worked during orientation;
- Making unlawful deductions from the wages of drivers who received per diem pay;
- Making unlawful deductions from the wages of drivers who received payroll advances on a payroll card;
- Failing to pay drivers properly for non-driving hours worked;
- Failing to pay drivers minimum wage for non-driving hours worked; and
- Failing to pay drivers properly for rest breaks, whether received or not.
The settlement will resolve alleged violations that occurred during April 19, 2009 to November 14, 2016.
|5. What are the basic terms of the settlement?|
Subject to Court approval, the essential terms of the settlement are as follows:
Settlement Fund: The settlement requires Knight to pay a total of $1,450,000 to Class Members, which is a substantial portion of the wages allegedly owed to Class Members as calculated by Class Counsel and their expert based on Knight’s records. Under the settlement, at least $1,420,000 shall be distributed to the Settlement Class Members as compensation for orientation pay, per diem pay, payroll deductions, weekly minimum wage violations, and unpaid rest breaks. Plaintiffs will ask the Court to approve service awards of $10,000 each to the Class Representative to compensate them for their time and effort. If approved, the Class Representatives will be paid a combined $30,000 from the Settlement Fund.
Knight Settlement Administrator: Knight shall retain CPT Group to act as and effectuate the duties of the Settlement Administrator in accordance with this Settlement Agreement. Knight shall be solely responsible for paying any fees, costs, or other charges imposed by the Settlement Administrator, and any such payments shall be separate from and in addition to the Settlement Fund identified above.
Distribution of Settlement Fund: The Settlement Administrator, CPT Group, will make payments directly to Class Members. If you have recently moved, or plan to move within the next 90 days, please provide us with an updated address by contacting Class Counsel or the Settlement Administrator. Contact information is provided below.
Tax Treatment of Claim Share Portion of Settlement Payments: One-third (33.34%) of each Class Member’s settlement share will be treated as wages and subject to normal payroll tax withholdings and payments. Two-thirds (66.66%) of each Class member’s share will be treated as non-wage damages on which there will be no tax withholding.
Attorney’s Fees and Costs: Class Counsel have been working on this case for more than four years but have not received any fees or reimbursements for the costs of the lawsuit.
Class Counsel have the right to make a motion to the Court for payment of attorneys’ fees and costs. Any fees and costs awarded are separate from the Settlement Fund identified above and will not reduce in any way your right to a share of that Settlement Fund. To view and download Class Counsel’s Motion for Attorneys’ Fees and Costs, click here.
Class Representative Service Award: The settlement provides for service awards to the Class Representatives, Kevin Helde, Jon Bodily, and Max Tena, in the amount of $10,000 each.
Release of Claims: Upon final approval by the Court, Class Members will dismiss the lawsuit and release Knight Transportation from all claims that have been or could have been brought in this lawsuit. This releases Knight for liability related to any and all past or present claims, debts, demands, causes of action, liabilities, losses, obligations, interest, attorneys’ fees, costs, expenses, damages, exemplary damages, and injuries of every kind, nature and description that accrued during the period from April 19, 2009 to November 14, 2016 and that directly or indirectly related to, or arose out of, or stemmed from the subject matter of this Action.
The released claims include but are not limited to statutory claims under RCW 49.46.130, RCW 49.46.090, RCW 49.46.010, RCW 49.12.020, RCW 49.48.010, RCW 49.48.030, RCW 49.52.050, RCW 49.52.060, RCW 49.52.070, RCW 19.86.010-.920, WAC 296-128-010, WAC 296-128-012, WAC 296-126-011, WAC 296-126-040, WAC 296-126-025, WAC 296-126-023, and WAC 296-126-030.
A full copy of the Settlement Agreement is available here: Helde v. Knight Settlement Agreement.
Dismissal of Action: Upon final approval of the settlement, the Court will dismiss the lawsuit with prejudice but will retain jurisdiction to enforce the terms of the settlement.
|6. How can I get a payment?|
A payment will be mailed to you at the address on record. Class Members that request to be excluded will not receive payment.
|7. When will I get my payment?|
The Court will hold a hearing on October 19, 2017 to decide whether to approve the settlement. If the Court approves the settlement, the parties will then have to wait to see whether there is an appeal. This will take at least 30 days and, if there is an appeal, can take up to a year or more to resolve. In the event of an appeal, information regarding the appeal’s progress will be posted on this website or https://www.rekhiwolk.com/ class-actions/knight-transportation-truck-driver-wage-hour-violation/. If there is no appeal, we expect payments will go out within 60 days of the Court’s approval of the settlement. Please be patient.
|8. Do I have a lawyer in this case?|
The Court has decided that lawyers from Terrell Marshall Law Group PLLC and Rekhi & Wolk, P.S. are qualified to represent you and all Class Members and has approved them to do so. Together the lawyers are called “Class Counsel.” You will not be charged for these lawyers. If you want your own lawyer, you may hire one at your own expense.
|9. What can I do if I don’t like the settlement?|
If you don’t like the settlement, you have two options: you can choose to exclude yourself or you can choose to object.
How To Exclude Yourself:
If you exclude yourself you will not be paid under the Settlement Agreement. If you exclude yourself you may not object to the settlement.
An exclusion request must: (i) be in writing; (ii) state your current address; (iii) contain the following statement: “I/we hereby request that I/we be excluded from the proposed settlement class in the case of Helde v. Knight Transportation, Inc.”; (iv) be signed by you; and (v) be mailed to and received by the Settlement Administrator at the address provided below and postmarked no later than July 3, 2017.
Object to Settlement:
If you wish to object: 1) you must do so in writing; 2) you must state the reasons why you think the Court should not approve the settlement; and 3) you must mail your objection to the Settlement Administrator, along with any supporting documentation that you wish the Court to consider. The objection must be received by the Settlement Administrator at the address provided below and postmarked no later than July 3, 2017.
If you send a letter, be sure to include your name, address, and telephone number, and name of the case, Helde, et al. v. Knight Transportation, Inc., Case No. 2:12-cv-00904-RSL. The Court will consider your views. If the settlement is approved you will still receive a payment under the settlement.
The Settlement Administrator is CPT Group. Exclusion Requests or Objections must be mailed to:
CPT Group, 50 Corporate Park, Irvine, CA 92606.
|10. When and where will the Court decide whether to approve the settlement?|
The Court will hold a Fairness Hearing at 9:00 a.m. on Thursday, October 19, 2017, at:
United States Courthouse
700 Stewart Street,
Seattle, WA 98101-9906
At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. You do not have to come to the hearing.
|13. How do I get more information?|
You can contact class counsel. The lawyers representing the Class are:
Terrell Marshall Law Group PLLC
By Internet: www.terrellmarshall.com
By Phone: 1-855-349-7023
By Mail: Terrell Marshall Law Group PLLC
936 N. 34th Street, Suite 300
Seattle, Washington 98103
Rekhi & Wolk, P.S.
By Phone: 206-388-5887
By Mail: Rekhi & Wolk, P.S.
529 Warren Ave. N., Suite 201
Seattle, Washington 98109
|14. What is the Contact information for the Settlement Administrator?|
By Internet: www.cptgroup.com
By Phone: 1(888)720-0619
By Mail: CPT Group
50 Corporate Park
Irvine, CA 92606