United States District Court for the District of Nebraska
Docket No. 2011-cv-401; 2012-cv-307
Counsel:Justin Swidler, Richard Swartz, Joshua Boyette
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.
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.
2017 Update
The case was tried before a federal jury in May of 2017, and the jury reached a verdict holding that Werner violated the minimum wage rights of tens of thousands of drivers. The jury determined that Werner violated the minimum wage rights of its trainee drivers by failing to pay them for short rest breaks. The jury returned a verdict of $779,127 for the class, to which the Court added an additional $50,000 for liquidated damages. The verdict of $829,127 was entered by the Court in September of 2017. Various motions are still pending before the Court which must be resolved prior to any verdict distribution. Please be patient during this time.