Drivers Score Victory In Werner Class Action Case

A federal judge’s recent rulings in a driver pay case involving a class of thousands of drivers who participated in Werner Enterprise’s Student Driver Program found that the company failed to pay its drivers for sleeper berth time and short rest breaks.

The findings set the stage for a trial in September to determine damages owed to a class of thousands of Werner drivers who participated in the driver training program for up to three years prior to the initial filing of the class action suit on Sept. 14, 2011.

According to the initial collective class action complaint filed on behalf of plaintiff Philip Petrone and other similarly situated drivers, Werner Enterprises and its subsidiary driver training program, Drivers Management LLC, violated the Fair Labor Standards Act by intentionally failing to compensate the class members for wages earned while in the company’s employment.

Petrone’s suit alleges he was enrolled in Werner’s Student Driver Program, a mandatory six- to eight-week course for new hires. While in the program, the company violated Nebraska labor laws by failing to pay plaintiffs the minimum wage for hours they worked. Specifically, the suit alleges that drivers were cheated out of funds due to them for rest breaks and meals. 

The suit was transferred later that year to Nebraska, where Werner’s corporate headquarters are located. It was certified as a class action on Dec. 19, 2012, and includes all drivers who participated in the company’s over-the-road training program three years prior to the 2011 filing date of Petrone’s original motion. 

In his ruling on Aug. 3, U.S. District Court Judge Lyle E. Strom held that Werner violated state and federal law with its sleeper berth and rest break policies. 

“Werner’s policy for short rest periods on its face complied with the law,” the judge wrote in his ruling. “However, in practice Werner did not compensate student drivers for short rest periods under 20 minutes logged Line 1 on the Qualcomm system. As a result, the Court will grant the plaintiffs’ motion for summary judgment on the issue of short rest breaks.”

Attorneys at Swartz Swidler, an employment law firm in Cherry Hill, N.J., posted an update about the case on their website on Aug. 7, touting the judge’s ruling as “a major victory.” According to the statement on the website, the upcoming trial will also decide whether Werner’s conduct was reasonable and in good faith. If the trial determines the company acted in bad faith, double damages may be awarded and the company could be compelled to pay an additional damage award into a fund to benefit Nebraska schools. -

See more at: http://www.landlinemag.com/Story.aspx?StoryID=29648#.Vde6m2YpBoN

I thought truck drivers were exempt from min wage laws... must be a Nebraska thing maybe?

Paid for rest breaks and sleeper berth time? Paid when your not actually working? WTF? How the hell does that work?

Paid for rest breaks and sleeper berth time? Paid when your not actually working? WTF? How the hell does that work?

Walmart drivers paved this path with their sleeper berth class action. It ain't over till the fat lady sings. There are still appeals available to both Werner and Walmart. I think it's ridiculous, but you never know what a judge thinks till they make a ruling. There are more judges to go, if either company appeals.

Guyjax wonders if he's in the same universe:

Paid for rest breaks and sleeper berth time? Paid when your not actually working? WTF? How the hell does that work?

The news release says:

However, in practice Werner did not compensate student drivers for short rest periods under 20 minutes logged Line 1 on the Qualcomm system. As a result, the Court will grant the plaintiffs’ motion for summary judgment on the issue of short rest breaks.

The paid for breaks are "under 20 minutes", like your 15 minute break in the shop. The company pays those on your clock, but the 30 minute lunch time is on your own. And "summary judgment" means the judge will make his own decision.

Guyjax wonders if he's in the same universe:

Paid for rest breaks and sleeper berth time? Paid when your not actually working? WTF? How the hell does that work?

The news release says:

However, in practice Werner did not compensate student drivers for short rest periods under 20 minutes logged Line 1 on the Qualcomm system. As a result, the Court will grant the plaintiffs’ motion for summary judgment on the issue of short rest breaks.

The paid for breaks are "under 20 minutes", like your 15 minute break in the shop. The company pays those on your clock, but the 30 minute lunch time is on your own. And "summary judgment" means the judge will make his own decision.

Oh I know what it means. What is going to happen is more than likely this will go through and those "little short" breaks will start being paid BUT!!!!! ,I can almost guarantee that the "breaks" will no longer be able to be logged "off duty". It will be a become company policy that all "paid breaks" must be logged as "on-duty" in order to be considered for pay roll THEREFORE......will start using more of your 70 hours which in the end will equal less drive time available for the week.

According to the my understanding of the FMCSA HOS rules all time that you are being paid must be logged in either a On-Duty Not Driving status or an On_duty - Driving status and will equal less available drive time.Not since there will be less drive time available that will extend their training period longer cause they will still need to have a minimum set of hours driven to complete their training. I believe that current standard is 240 hours of drive time or there about. Now they will stay on the truck with a trainer longer.

I can't see this going through once the appeal stage has begun because that will go against the FMCSA HOS rules and automatically throw those drivers into a falsification of logs cause they are going to be paid for "breaks less than 20 minutes" that were logged as "off duty breaks" or as "sleeper berth breaks" which the FMCSA says ANY!!! time you are being paid for work needs to be logged in the correct status.

Who knows how this will turn out but I see this is a bad move for future driver trainees but in this day and age people want to be paid for doing absolutely nothing.

It will be a become company policy that all "paid breaks" must be logged as "on-duty" in order to be considered for pay roll

Recently I read the rules for Detention pay at Swift. To earn Detention pay the driver must be logged in as On Duty (Not Driving) Line 4 to wait out the 2 hour delay. Few drivers will do that - they'll go Sleeper & sack out. The Line 4 is the one that goes against your total 70 hours drive and Line 2 (Sleeper) won't.

You are right, GuyJax - the less On Duty Not Driving you are able to log, the more chance you have to Drive and make money.

What could this mean for a perspective driver for Werner? I have a pre-hire from Werner after I get out of CDL school

Will probably mean nothing for at least a few years due to the appeal process. As to what exact changes it will make in Werner's student trainer program there is no telling. I would not worry about it right now.If you go through training with Werner this will take place ,if at all, well after you complete training.

" The Line 4 is the one that goes against your total 70 hours drive and Line 2 (Sleeper) won't. The less On Duty Not Driving you are able to log, the more chance you have to Drive and make money. "

Just wondering what the difference in paycheck would be between line 4 and line 2?