Werner Enterprises $18M Wage and Hour Settlement, No Claim Form Needed

Werner Enterprises, Inc. agreed to pay $18,000,000 to settle a class action lawsuit alleging the company failed to pay qualified truck drivers minimum wage for all hours worked under Nebraska and California law — including non-driving time such as sleeper berth periods, pre-trip and post-trip inspections, waiting for loads, and cargo security duties. Drivers who worked for Werner as a qualified (non-student, non-owner-operator) driver between June 4, 2010, and July 14, 2023, are automatically included and will receive a check at their last known address — no claim form is required. The opt-out deadline is May 4, 2026.

Quick Facts

Current Status & What Happens Next

The settlement was reached on October 14, 2025 — the day before trial was set to begin in Omaha — and a motion for preliminary approval was filed January 30, 2026. Senior U.S. District Judge Joseph F. Bataillon is overseeing the case and congratulated the parties on reaching a settlement after more than a decade of litigation. The settlement is preliminarily approved and the administrator is processing class member records.

The opt-out and workweek dispute deadline is May 4, 2026. The Final Approval Hearing is scheduled for July 24, 2026, at 10:00 a.m. Payments will be mailed approximately 30 days after the Court grants final approval and resolves any appeals.

Action needed now: If your mailing address has changed since you worked for Werner, update your contact information with the settlement administrator at TruckerClassAction.com or by calling 800-406-7301. If you want electronic payment instead of a paper check, log in to the settlement website using the settlement ID on your notice and your last name.

What Is the Werner Enterprises Wage Lawsuit About?

This case began as a California state court lawsuit in 2014, filed by truck driver Ezequiel Olivares Abarca and others. It was later moved to federal court in Nebraska and consolidated into a single class action covering Werner drivers nationwide. The U.S. District Court certified the Nebraska and California classes on March 20, 2018, appointing Dardarian, Ho, Kan & Lee (then Goldstein Borgen Dardarian & Ho) as class counsel.

The plaintiffs alleged that Werner’s compensation system — which paid drivers based on trips rather than all hours worked — failed to pay minimum wages for non-driving work time. The specific work time at issue included time spent in sleeper berths, waiting for loads, performing pre-trip and post-trip inspections, and attending to cargo security. The lawsuit also alleged that Werner unlawfully charged drivers a $4 transaction fee to receive wage advances — a claim on which the Court granted summary judgment in the plaintiffs’ favor on March 28, 2025.

Werner denied all allegations throughout the case and agreed to settle to avoid the costs and uncertainty of trial. Werner also filed SEC disclosures confirming the $18 million settlement accrual as of September 30, 2025, with the settlement recorded as a non-GAAP adjustment to operating income for the quarter. Werner denies any wrongdoing.

Related article: Mason Construction Data Breach Settlement, Are You Eligible for Up to $5,575?

Who Is Eligible?

The settlement covers three groups of qualified Werner drivers. A “qualified driver” means a non-student, non-owner-operator truck driver employed by Werner Enterprises, Inc.

Nebraska Settlement Class: All qualified drivers who worked for Werner anywhere in the United States during the class period from June 4, 2010, through July 14, 2023.

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 between June 4, 2010, and July 14, 2023.

California PAGA Group: California Settlement Class members who worked as qualified drivers for Werner between May 19, 2013, and November 6, 2023.

You are excluded from the settlement if you previously opted out of the class in response to the class certification notices sent in 2018 or 2023. If you opted out at either of those times, you are not part of this settlement and will not receive payment.

How Much Will You Receive?

Your payment has two parts: a guaranteed base payment and a pro-rata share of the remaining net fund.

The pro-rata share is calculated based on the number of weeks you worked as a qualified driver during the class period, relative to the total workweeks of all valid class members. Drivers with more qualifying workweeks receive larger pro-rata shares. California class members qualify for both the $40 base payment and the pro-rata share, making their total payment larger than Nebraska-only class members.

Fund deductions before pro-rata distribution:

No portion of the settlement fund reverts to Werner. Any unclaimed or uncashed checks may be donated to state unclaimed property funds.

How to Receive Your Payment

Step 1 — Confirm you are in the class. You should have received a notice from the settlement administrator. If you worked for Werner as a qualified driver between June 4, 2010, and July 14, 2023, and did not opt out in 2018 or 2023, you are likely a class member.

Step 2 — Update your mailing address if you have moved. Contact the settlement administrator at Atticus Administration, PO Box 64053, St. Paul, MN 55164; by phone at 800-406-7301; or by email at [email protected]. You can also update your contact information on the settlement website at TruckerClassAction.com.

Step 3 — Elect electronic payment if you prefer. Log in to TruckerClassAction.com using the settlement ID found at the top of your notice and your last name. Select electronic payment during login. If you do not elect electronic payment, a paper check will be automatically mailed to your address on file.

Step 4 — Dispute your workweek count if it is incorrect. The settlement administrator calculated each class member’s qualifying workweeks based on Werner’s employment records. If you believe your workweek count is wrong, you must submit evidence supporting your correct count to the administrator by May 4, 2026. Missing this deadline may result in an incorrect payment.

Step 5 — Wait for payment. Payments will be distributed approximately 30 days after the Court grants final approval on or after July 24, 2026, and resolves any appeals. Expected payment window: late 2026.

Important Deadlines & Dates

Frequently Asked Questions

Do I need to file a claim form to receive payment?

 No. This settlement does not require a claim form. If you are a class member, you will automatically receive a paper check at your last known address after the Court grants final approval. The only action you need to take is to update your mailing address if you have moved, and to log in at TruckerClassAction.com if you want electronic payment instead of a check.

I never received a notice. Am I still in the class? 

Possibly. Notice was sent based on Werner’s employment records. If you worked for Werner as a qualified non-student, non-owner-operator driver between June 4, 2010, and July 14, 2023, and did not opt out in 2018 or 2023, you may be a class member even if you did not receive a notice. Contact the administrator at 800-406-7301 or [email protected] to confirm your status and update your contact information.

What is a “qualified driver” under this settlement? 

A qualified driver means a non-student, non-owner-operator truck driver employed by Werner Enterprises. Student drivers (those in Werner’s training program) and owner-operators (independent contractors who own their own trucks) are not covered by this settlement.

What does the workweek dispute process involve?

 The settlement administrator used Werner’s employment records to calculate how many qualifying workweeks each class member worked during the class period. If you believe the number of weeks attributed to you is wrong — for example, if employment records are missing weeks you worked — you can submit evidence to the administrator to correct it. The deadline to dispute your workweek count is May 4, 2026. Evidence can include pay stubs, employment records, or other documentation showing your actual work dates.

I worked for Werner in both California and other states. Which class am I in? 

You may qualify for both classes. The California Settlement Class requires that you resided in California and picked up or delivered at least one load in California during the class period. You are also a member of the Nebraska Settlement Class, which covers all qualified drivers who worked for Werner anywhere in the United States during the class period. However, the settlement provides one base payment per person — California class members receive the $40 California base payment, not both base payments stacked on top of each other.

What happens if I do nothing? 

You will automatically receive a payment by check at your last known address after final approval — no action is required to get paid. By staying in the class, you will be bound by the settlement and release your wage and hour claims against Werner for the class period. If you want to preserve your right to bring your own lawsuit against Werner over these claims, you must opt out in writing by May 4, 2026.

What are PAGA penalties and how do they affect my payment? 

PAGA stands for California’s Private Attorneys General Act. It allows employees to sue employers for labor code violations on behalf of themselves and other workers. The $100,000 PAGA component of this settlement is separate from the main settlement fund: $75,000 goes to the California Labor and Workforce Development Agency, and $25,000 is shared equally among California PAGA Group members. The PAGA payment is in addition to — not instead of — your regular settlement payment if you are a California class member.

How does this case compare to other trucking and wage and hour settlements? 

Wage and hour settlements for truck drivers tend to follow the same legal theory: that trip-based pay systems may not cover all compensable work time under state minimum wage laws. For background on how wage and hour rights work and how to protect yourself going forward, see our guide on how to file a wage and hour complaint. For a comparable no-claim-form settlement involving another employer’s final pay violations, the Walgreens $2.5M Oregon final paycheck settlement uses the same automatic distribution structure — checks mailed to last known addresses with an opt-out deadline to protect class members who want to pursue independent claims.

Sources & References

• Official Settlement Website (Atticus Administration): TruckerClassAction.com
• PACER Docket — Case No. 8:14-cv-00319-JFB-MDN (D. Neb.): ecf.ned.uscourts.gov

Last Updated: March 11, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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