Philip Petrone, et al. v. Werner Enterprises, Inc., et al.

United States District Court for the District of Nebraska
Docket No. 2011-cv-401; 2012-cv-307

Counsel:Justin Swidler, Richard Swartz, Daniel Horowitz

This is a certified collective action under the FLSA lawsuit and a certified class action pursuant to Rule 23(b)(3) under Nebraska state wage and hour law. The opt-in period for the FLSA collective action has expired. More information regarding this lawsuit is available below.

About the LawsuitLegal NoticePer Diem Program
Four over-the-road truck drivers (“the Drivers”) have brought suit against Werner Enterprises, Inc. and Drivers Management, LLC (collectively referred to as “Werner”) in the United States District Court of the District of Nebraska. The Drivers assert that Werner paid them and other truck drivers less than legally required by the Fair Labor Standards Act (“FLSA”) during the 6-8 week initial training period following hire (“the Student Driver Program”). The Drivers contend that their pay in the Student Driver Program amounted to less than the federal minimum wage.

On December 19, 2012, the Court conditionally certified this action as a “collective action” under the FLSA. By virtue of the Court’s Order, any person who was employed by Werner and participated in the Student Driver Program since June 29, 2009 may join the lawsuit by submitting a Consent Form.

Swartz Swidler, LLC represents the Drivers in this action. If you would like more information regarding the lawsuit, please call us today or email us at

In addition to the claims being asserted in this lawsuit, we have also filed a separate lawsuit asserting violations of federal wage law with respect to Werner’s Per Diem program. You may be eligible to join the Per Diem lawsuit if you were employed by Werner and participated in the Per Diem program within the last three years. You may file a Consent Form to join the Per Diem lawsuit here. Please note that joining the Per Diem lawsuit does not opt you into the Student Driver lawsuit, nor does opting into the Student Driver Lawsuit join you to the Per Diem lawsuit. If you are eligible and would like to join both lawsuits, you must submit Consent Forms for both cases.