Abarca v. Werner Enterprises, Inc.

Abarca v. Werner Enterprises Inc. is a certified class action pending in the District of Nebraska (Case No. 8:14CV319).  This action was originally filed in Alameda County Superior Court, was removed to federal court in San Francisco and then was transferred to federal court in Nebraska.  Werner is a Nebraska trucking company with headquarters in Omaha.  Plaintiffs allege that Werner has failed to pay drivers minimum wages for all hours worked under Nebraska and California state law.

On March 20, 2018, the District Court certified both the California and Nebraska classes under Rules 23(b)(2) and 23(b)(3) and appointed Goldstein, Borgen, Dardarian & Ho (along with co-counsel).  Notice of this certified class action was sent in 2018.  Litigation has been ongoing, and in July 2022 the Court denied Werner’s motion for summary judgment regarding “trip-based” pay given Werner has not shown that its compensation policies and practices satisfy California and Nebraska wage and hour laws. A second notice went out to class members in August 2023 for drivers who joined Werner since the 2018 notice.  Trial is expected to take place on August 11, 2025.

 

Case Documents