On November 18, 2020, a Nebraska federal judge entered an order granting the plaintiff’s motion for conditional certification. Werner had previously filed objections to the magistrate judge’s recommendation on this issue, arguing that the claims brought by the plaintiff were too individualized to support class certification and that there was no evidence other drivers would join the suit.
According to U.S. District Senior Judge Joseph F. Bataillon in his order granting conditional certification, “There is evidence that the putative class members were victims of a single decision, policy, or plan and that a common policy or practice exists regarding the classification of owner-operator drivers as independent contractors.”
The primary issue in the case is whether Werner’s owner-operator truck drivers should be considered independent contractors or employees. The plaintiff claims he and all other similarly situated drivers were misclassified as independent contractors instead of employees after participating in a Werner program that allowed them to purchase trucks from the company.
The plaintiff purchased his truck in 2015 after being moved from a W-2 employee driver position to a 1099 independent contractor position, according to the suit. However, the program stated he could only use the truck for Werner shipments. In addition, The plaintiff was required to pay for insurance, workers’ compensation, gas, truck repairs and maintenance, which left with him little to no money. For example, in April 2016, the plaintiff netted only $78.74 for the month, or $2.65 per hour, after paying for fuel, insurance and maintenance expenses.
Other drivers had similar experiences after purchasing trucks from the company.
McInnes Law is representing the owner-operator truck drivers in the suit, alongside the Williams Dirks Dameron law firm.
Read Law360’s article about the decision here.
