Prime Trucking Lawsuit

PRIME TRUCKING CLASS ACTION LAWSUIT
NYACHIRA V. NEW PRIME, INC., CASE NO. 6:21-CV-03211-BP
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

THIS IS A DIFFERENT NOTICE THAN YOU PREVIOUSLY RECEIVED, FOR A DIFFERENT PART OF THE CASE AGAINST PRIME.

YOU ARE CURRENTLY REPRESENTED BY ATTORNEYS IN A CLASS ACTION AGAINST PRIME. IF YOU DO NOT WANT TO BE PART OF THE LAWSUIT AGAINST PRIME, YOU MUST TAKE ACTION NOW TO OPT OUT.

If you attended “D seat” orientation and/or pre-CDL training based in Springfield, Missouri at any time since May 9, 2020, this collective action lawsuit may affect your rights.

Deadline to Exclude Yourself: October 22, 2023

• A lawsuit has been brought by Named Plaintiff Peter Nyachira on behalf of individuals who have attended “D seat” orientation and/or pre-CDL training and/or have done team driving as a “B seat” or “C seat” driver for Defendant New Prime, Inc. (“Prime”), alleging that Prime has failed to properly pay minimum wages. The Court has not yet determined whether the claims asserted by Plaintiff have any merit. In other words, the Court has not decided whether any laws have been violated, nor has it decided in favor of Plaintiff or Prime.

• The case involves two categories of claims: (1) Missouri minimum wage claims that have been brought on behalf of all individuals who have attended D seat orientation and/or pre-CDL training for Prime, based in Springfield Missouri since May 9, 2020 (“the Missouri Claims”); and (2) federal minimum wage claims under the Fair Labor Standards Act (“FLSA”) on behalf of all individuals who have attended orientation and/or pre-CDL training and/or have done team driving for Prime since May 9, 2020 (“the Federal FLSA Claims”). The Named Plaintiff asserts the Missouri Claims on behalf of a “class” and the Federal FLSA Claims on behalf of a “collective” under the FLSA. Further details are in FAQ 2. You likely have already received notice about the Federal FLSA Claims in this case. This Notice relates only to the Missouri Claims.

• You have two options relating to the Missouri Claims, described below.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

DO NOTHING

For the Missouri Claims, you do not need to do anything in order to join the class and be eligible to pursue a claim for damages. If you do nothing, you are automatically part of the class for the Missouri Claims and will be eligible to participate in any judgment or settlement relating to those claims.

EXCLUDE YOURSELF FROM THE MISSOURI CLAIMS CLASS

If you wish to be excluded from the class for the Missouri Claims, you must make a request to be excluded from the class to the Notice Administrator. Further instructions are set forth in FAQ 10. The deadline to exclude yourself from the Missouri Claims class is October 22, 2023.