Abarca v. Werner Enterprises Inc. is a putative 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 company with headquarters in Omaha. Werner employs interstate truck drivers, including 3,000 California residents who drove long haul trucks within the state of California. Plaintiffs allege that Werner failed to pay them minimum wages for all hours worked in California, pursuant to California law. Plaintiffs seek back pay, meal and rest break pay, and related premium pay and penalties. The Fourth Amended Complaint also alleges class wage and hour violations under Nebraska state law. On September 9, 2015, the court appointed Goldstein, Borgen, Dardarian & Ho (along with co-counsel) to serve as Interim Class Counsel until the Class Certification motion was decided. On February 28, 2018, the Magistrate Judge recommended that both the California and Nebraska classes be certified under Rules 23(b)(2) and 23(b)(3). The District Court affirmed this Ruling (March 20, 2018) and the classes were notified. Litigation has been delayed due to COVID-19.
- Order Granting Class Certification PDF 02/28/2018