Werner Enterprises $18M Settlement Reached on Eve of Trial
America ı By Rihem Akkouche
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In a dramatic turn just hours before opening statements were set to begin, a Nebraska-based trucking giant agreed to pay $18 million to nearly 100,000 current and former drivers, closing the curtain on an 11-year wage battle that had been idling in federal court.
The Werner Enterprises $18M settlement, detailed in papers filed Friday in the U.S. District Court for the District of Nebraska, resolves three consolidated wage-and-hour lawsuits accusing Werner Enterprises Inc. and its subsidiary, Drivers Management LLC, of failing to pay minimum wages under Nebraska and California law.
A Decade-Long Dispute Comes to a Halt
The drivers told the court the agreement represents a balanced resolution after years of litigation risk for both sides.
“The $18,000,000 settlement represents a fair resolution of claims that carried meaningful risk for both sides,” the drivers said in their motion for preliminary approval. They noted that the deal delivers “immediate, certain relief” to class members who have already waited more than a decade and might otherwise face years more of litigation and appeals.
The agreement, reached in October but filed ahead of trial, ends allegations that Werner failed to compensate drivers for non-driving tasks — including time spent in sleeper berths, waiting for loads, conducting pre-trip and post-trip inspections, and safeguarding cargo.
Werner denied the claims in full, according to the motion.
How the $18 Million Will Be Divided
Nebraska and California Classes
The $18 million fund will be split between two certified classes: a Nebraska class and a California class.
Under the proposed terms, Nebraska class members would receive a base payment of $20, while California class members would receive $40 as a base amount. Remaining funds would be distributed proportionally based on the number of weeks each driver worked.
Class counsel said they intend to request up to one-third of the settlement for attorneys’ fees, up to $2.25 million in litigation expenses, and up to $15,000 for each of the seven named plaintiffs who served as class representatives. The motion argues the requested fee aligns with typical court approvals and reflects both the risks undertaken and the results secured.
The settlement also allocates $100,000 in civil penalties under California’s Private Attorneys General Act. Of that amount, $75,000 will go to the state of California, with the remaining $25,000 distributed to workers.
A Case Years in the Making
The dispute traces back to lawsuits removed to federal court in 2014, 2015 and 2017 before being consolidated. Drivers alleged violations of state minimum wage laws and other wage-and-hour protections.
In 2018, the district court certified a class of Werner drivers who lived and worked in California. The court also certified the Nebraska class, which included drivers who worked “anywhere for Werner” after completing training.
As of Monday, representatives for both sides had not responded to requests for comment.
The drivers are represented by Justin L. Swidler of Swartz Swidler LLC. Werner Enterprises and Drivers Management LLC are represented by Elizabeth Culhane of Fraser Stryker PC LLO.
With the Werner Enterprises $18M settlement, a legal convoy that stretched across more than a decade has finally reached its destination — avoiding a trial that might have reshaped wage rules in the trucking industry.
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