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 Dardarian, Ho, Kan & Lee (along with co-counsel) as class 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 class certification notice went out to class members in August 2023 for drivers who joined Werner since the 2018 notice.

On March 28, 2025, the District Court granted Plaintiffs’ motion for summary judgement regarding Plaintiffs’ claim that Werner unlawfully charged its drivers a $4 transaction fee to receive wage advances.  The Court found that drivers did not agree in writing to the $4 wage advance fee, making it unlawful under California and Nebraska law.  The Court also denied Werner’s motion for decertification, reaffirming that this case should proceed to trial as a class action.  See here.  Trial is expected to begin on October 14, 2025, in Omaha, Nebraska.

We are currently seeking information to help the case and would like to speak with drivers to learn more about their experience working for Werner. If you are willing to provide us with information about your experience, please contact us at 510-287-4325 or cgiannini@dhkl.law.

Case Documents