Baouch v. Werner Enterprises, Inc., No. 17-1661 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's dismissal of a class action brought by over 52,000 experienced and student over-the-road truck drivers, alleging claims under federal and state wage and hour laws. The court held that judicial estoppel was not applicable in this case and that Werner was not bound to previous statements in such a way that affected the outcome of the case. The court also held that, under the Fair Labor Standards Act (FLSA), the mileage-based payments were remuneration for employment and should be included in Werner's minimum wage calculation. Finally, the state law claims were foreclosed as well.
Court Description: Beam, Author, with Smith, Chief Judge, and Colloton, Circuit Judge] Civil case - Fair Labor Standards Act. Werner was not bound by statements it made to the IRS that Werner's Payment Plan, which offered non-taxable, mileage-based payments to drivers for days spent away from home, were reimbursements for travel expenses rather than wages, and those statements to the IRS did not judicially estop (or quasi-estop) Werner from claiming that the payments were wages to be included in a determination as to whether Werner was meeting minimum wage standards; under the FLSA, the payments were remuneration for employment and were properly included in Werner's minimum wage calculation; this reasoning forecloses the class's claims under the Nebraska Wage and Hour Act. Judge Colloton, concurring.
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