United States District Court for the Western District of Arkansas
Docket No: 5:21-cv-05143-PKH
Counsel: Justin Swidler, Richard Swartz, Joshua Boyette
On August 6, 2021, a former over-the-road truck driver of P.A.M. Transportation Services, Inc. (“PAM”) filed a federal lawsuit in the United States District Court for the Western District of Arkansas asserting that PAM violated the Fair Labor Standards Act (“FLSA”), the Racketeer Influence and Corrupt Organizations Act, (“RICO”), and the Arkansas Minimum Wage Law. The Complaint alleges that PAM failed to pay its drivers minimum wage as required by federal and state law and advanced wages to drivers by charging them a fee which amounts to more than 10% on an annualized basis. A copy of the Complaint is provided below.
The Complaint seeks relief on behalf of all over-the-road drivers of PAM who were employed by PAM at any time from January 1, 2020 through the present. Due to a prior $16.5 million settlement in the Browne v. PAM Transport case, claims before January 1, 2020 are not part of this lawsuit. If you are looking for information regarding the Browne case, you may obtain such information here.
The Parties have reached a preliminary settlement in this matter that was preliminarily approved by the Court on November 14, 2022. A copy of the proposed settlement is located below. Please note that the Final Fairness Hearing, which was scheduled to occur in April, has been adjourned to October 11, 2023. The Final Fairness Hearing will occur on that date at 10:00 am in Fort Smith in Room 310.
If you wish to assert a claim under the FLSA in this case, you may do so by completing the consent form below. By signing the Consent Form, you certify that you were employed by PAM as an over-the-road truck driver for at least one day since January 1, 2020.