8th Circ. Undoes Werner Student Truckers' FLSA Win

Law360 (October 10, 2019, 6:00 PM EDT) -- The Eighth Circuit on Thursday scrapped a nearly $800,000 damages award won by a massive class of student truck drivers accusing Werner Enterprises Inc. of violating federal labor and state wage laws, saying the lower court improperly let the drivers file late expert reports before trial.

A split three-judge panel vacated the $780,000 win that 52,000 truckers-in-training secured in 2017 when a jury found Werner and subsidiary Drivers Management LLC failed to pay them for rest breaks in violation of the Fair Labor Standards Act. According to the panel majority, the district court shouldn't have allowed the drivers to include updated...

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