The Fair Labor Standards Act (“FLSA”) collective action lawsuit filed by four truck drivers in Omaha, Nebraska against Werner Enterprises and Drivers Management, LLC, which already was one of the largest such collective action lawsuits ever certified against the trucking industry, is rapidly becoming one of the largest collective action lawsuits in the nation. (Update: as of October 2013, more than 13,000 truck drivers have filed Consent Forms with the Court).
The lawsuit seeks wages for truck drivers who participated in Werner’s Student Driver Program, asserting that Werner failed to pay driver trainees an amount at least equal to the federal minimum wage as mandated by the FLSA. Earlier this month, court-ordered notice was sent to more than 36,000 individuals who are eligible to join the lawsuit to recover wages. If you worked for Werner and were in the student driver program at least as recently as June 21, 2009, you may join the lawsuit by submitting a Consent Form here. The opt-in period closes on August 1, 2013.
While truck drivers remain exempt from the overtime requirements of the FLSA, the federal law mandates that truck drivers be paid at least the federal minimum wage of $7.25 per hour for each hour worked. The lawsuit asserts that Werner failed to include significant amounts of compensable time in determining the minimum wage requirements, and specifically, failed to include compensable rest periods, sleeper berth time, and other time spent by truck drivers where the realities of the job restrict their ability to use the time for their own personal benefit.
Swartz Swidler, LLC, a law firm comprised of employment attorneys based in Cherry Hill, NJ, represents the truck drivers in their fight for wages. Swartz Swidler, LLC handles all types of employment matters, but is becoming the nation’s leading firm in large wage and hour battles on behalf of commercial truck drivers. If you are a commercial truck driver and believe you were paid under the federal mandate, please call one of our employment attorneys today for a free consultation.
