Werner Enterprises, Inc. FLSA Collective Action
Williams Dirks Dameron, along with its co-counsel, filed a lawsuit against Werner Enterprises, Inc. on behalf of current and former truck drivers classified as independent contractors who transported Werner Enterprises’ truckload shipments using trucks purchased from Werner Enterprises. The Complaint was filed on May 30, 2018, in the District of Nebraska.
The Complaint alleges that Werner Enterprises misclassified truck drivers as independent contractors, calling them “owner operators,” failed to pay them minimum wages and made unlawful deductions from their earned compensation. Werner Enterprises required drivers classified as independent contractors to carry Werner Enterprises shipments, dispatched drivers to and from jobs it wished for them to perform, monitored and controlled aspects of their job performance, and prohibited drivers to freely use the trucks purchased from Werner Enterprises. Werner paid drivers based on the number of miles driven but drivers were responsible for expenses such as fuel, insurance and maintenance. This suit alleges that these drivers were misclassified as independent contractors, that Werner Enterprises should have paid drivers minimum wages for each workweek, and that Werner Enterprises cannot deduct overhead expenses from these drivers.
On November 18, 2020, the Court granted conditional certification on behalf of current and former Werner Enterprises, Inc. truck drivers. The class consists of:
(1) all current and former drivers classified as independent contractors who transported Defendant’s truckload shipments anytime between May 30, 2015, and May 30, 2019, using trucks they purchased from Defendant; and
(2) all current and former drivers classified as independent contractors who transported Defendant’s truckload shipments any time between November 12, 2016, through May 30, 2019, using trucks they leased or purchased from a person or entity other than Defendant.
Drivers who own or owned more than one truck at a time or who employed drivers to drive their trucks are excluded from both classes.