Werner Enterprises Beats Drivers’ Minimum Wage Lawsuit

Nov. 14, 2018, 5:43 PM UTC

Werner Trucking didn’t underpay truck drivers by using a pay system it framed as a per diem, the U.S. Court of Appeals for the Eighth Circuit held Nov. 14.

The decision upheld summary judgment for Werner Enterprises Inc., as the company is formally known, which prevailed over a class of more than 52,000 drivers.

The issue was whether the payments, which varied depending on the number of miles truckers drove, and didn’t have taxes withheld, counted as wages under federal and state wage-and-hour law.

Per diem payments should be considered reimursements for travel expenses, which would mean the drivers didn’t ...

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