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Employees who worked as a qualified driver for Werner Enterprises Inc. between June 4, 2010, and July 14, 2023, may be eligible to claim a cash payment from a class action settlement.
Werner Enterprises Inc. agreed to pay $18 million to settle a class action lawsuit alleging violations of Nebraska and California wage-and-hour laws. The plaintiffs claimed the company did not pay minimum wage for all work time or provide proper pay statements and deductions.
Who are the class members?
The settlement includes employees who worked as a qualified (non-student, non-owner-operator) driver for Werner Enterprises Inc. at any time between June 4, 2010, and July 14, 2023.
Within this group, there are three main categories:
- Nebraska settlement class: All qualified drivers who worked for Werner anywhere in the United States during the class period
- California settlement class: Qualified drivers who, while residing in California, worked for Werner during the class period and picked up or delivered at least one load in California
- California PAGA group: California class members who worked as qualified drivers for Werner between May 19, 2013, and Nov. 6, 2023
The settlement does not include individuals who previously opted out of the class in response to notices sent in 2018 or 2023.
How much can class members receive?
The amount each class member receives depends on their class membership and the number of weeks they worked as a qualified driver during the class period. The settlement provides both base payments and additional pro rata shares from the settlement fund after deductions for attorneys' fees, litigation costs, administration costs, service awards, PAGA payments and payroll taxes.
- Nebraska settlement class members: Base payment of $20
- California settlement class members: Base payment of $40
- All class members: Additional pro rata share of the remaining net settlement fund calculated based on the weeks the class member worked as a qualified driver during the class period
- California PAGA group: Equal share of $25,000 allocated to drivers from the PAGA award
No portion of the settlement fund will revert to Werner. The settlement administrator may donate any unclaimed or uncashed checks to state unclaimed property funds.
No action needed to receive payment
Class members do not need to file a claim to receive their payment. They will automatically receive a paper check at their last known address. However, those who want to receive their payment electronically can select this option by logging in to the settlement website using the settlement ID located at the top of the notice they received and their last name.
Class members should update their contact information with the settlement administrator if they moved or their details changed.
Additionally, class members who wish to dispute their number of workweeks must provide evidence to the settlement administrator to support their claim.
Settlement administrator's contact information: Abarca v Werner Enterprises, c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164, 800-406-7301, truckerclassaction@atticusadmin.com
$18 million settlement fund breakdown
The $18,000,000 settlement fund includes:
- Settlement administration costs: Approximately $282,300
- Attorneys' fees: Up to $6,000,000
- Attorneys' costs and expenses: Up to $2,250,000
- Service awards to class representatives: Up to $15,000 each for seven representatives ($105,000 total)
- Service awards to deposed class members: $250 each for 21 drivers ($5,250 total)
- PAGA penalties: $100,000 ($75,000 to the California Labor and Workforce Development Agency and $25,000 to California PAGA Group members)
- Payments to eligible class members: Remainder of the fund
Important dates
- Deadline to opt out: May 4, 2026
- Deadline to dispute work week calculation: May 4, 2026
- Fairness hearing: July 24, 2026
When is the Werner Enterprises settlement payout date?
The settlement administrator will issue payments to eligible class members approximately 30 days after the court resolves all appeals and grants final approval to the settlement.
Why did this class action settlement happen?
The class action lawsuit alleged Werner Enterprises Inc. failed to pay qualified drivers minimum wage for all work time and violated other wage protection laws in Nebraska and California. The plaintiffs claimed Werner did not properly compensate drivers for all hours worked and did not comply with state laws regarding pay statements and deductions.
Werner denied all allegations but agreed to settle to avoid the costs and risks of continued litigation.
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