Fighting for Fair Pay

Schneider National

 The case is not open for joining at this time, but if you leased a truck from Schneider Financing and drove as a lease operator for Schneider National at any time since December 2013, you may have claims; please call us at 845-255-9370 or email jsherwood@getmansweeney.com with your contact information.

About This Case

This lawsuit is brought as a nationwide class and collective action on behalf of truckers who drove for Schneider National as independent contractors and were treated as “owner-operators” or “lease-operators” by the company. The lawsuit claims that Schneider misclassifies these drivers as “independent contractors” when they are actually employees, and that Schneider makes unlawful deductions from these drivers’ wages, which result in minimum wage violations. Plaintiffs seek unpaid wages as secured by the Fair Labor Standards Act and applicable state law (minimum wages), liquidated (double) damages, and costs and attorneys’ fees, as well as other legal and equitable relief pursuant to state and federal law. The complaint was filed on July 10th of 2020 in the Federal District Court for the Eastern District of Wisconsin. You can see the complaint by clicking here.

How to Join This Case

 The case is not open for joining at this time, but if you leased a truck from Schneider Financing and drove as a lease operator for Schneider National at any time since December 2013, you may have claims; please call us at 845-255-9370 or email jsherwood@getmansweeney.com with your contact information.

 

Status Reports

Updated Scheduling Order Implemented—Posted 12/8/2023

Following the Parties’ status conference with the Court on 11/2/23, the Parties submitted an updated Scheduling Order, setting deadlines by which certain events in the case must occur, which the Court granted. As a result of this Order, the Parties will proceed with briefing and discovery on Plaintiffs’ motion to reconsider the Court’s previous order denying collective action, and Defendants’ anticipated Summary Judgment Motion on the claims of the Named Plaintiffs. The rest of the discovery will be stayed pending the Court’s decision on Defendants’ Summary Judgment Motion.

The case is not currently open to join—if you leased a truck from Schneider Financing and drove as a lease operator for Schneider National at any time since December 2013, you may have claims; please call us at 845-255-9370 or email jsherwood@getmansweeney.com with your contact information.

Mediation Update—Posted 11/3/2023

On 10/24/23, the parties met with Mediator Hon. Morton Denlow (Ret.) in an attempt to resolve the claims. The Parties were unable to reach a settlement during the mediation session. The Parties attended a status conference with the Court on Thursday, 11/2/23 and will now resume litigation.

Settlement Mediation Scheduled—Posted 8/23/2023

We continue to work with Schneider to try to resolve the claims in the case. To that end, both Parties will attend a mediation session with JAMS mediator Hon. Morton Denlow (Ret.), on October 24, 2023. More information about the mediator can be found here.

Conditional Certification Denied and Stay of Proceedings for Settlement Discussions Granted—Posted June 1, 2023

On May 4, 2023 the Court denied our renewed motion to certify a FLSA collective action and stopped the case from continuing on a collective basis. We conferred with Schneider and filed a joint motion for stay of all deadlines pending discussions of whether, and how, the Parties might reach a resolution of claims. The Court granted the stay on May 30, 2023.

The case is not currently open to join—if you leased a truck from Schneider Financing and drove as a lease operator for Schneider National at any time since December 2013, you may have claims; please call us at 845-255-9370 or email jsherwood@getmansweeney.com with your contact information.

Renewed Conditional Certification Motion — Posted 12/21/2022

On November 21, 2022, plaintiffs filed their reply brief in support of a renewed collective action motion. The motion is awaiting a decision by the court. If granted, a court-approved notice will issue to those drivers who may be eligible to join the case.

Drivers Win Appeal! — Posted 8/11/2022

On August 3, 2022, the United States Court of Appeals for the Seventh Circuit reversed and remanded the district court’s decision dismissing the case, sending the case back to the district court (Eastern District of Wisconsin) to continue. The appellate court’s decision is well-reasoned and comprehensive, and agreed with the Plaintiff’s arguments. You can read the decision here.

The case was closed to new participants while the appeal was pending, but now that the case will continue the process for joining the case has been reopened. We will continue to post updates here with any new developments—please bookmark it and check in regularly for news.

Brant v. Schneider Appeal: Oral Argument — Posted 1/25/2022

On Friday, January 21, 2022, a 7th Circuit Court of Appeals panel of three judges heard oral argument on drivers’ appeal of the May 20, 2021 decision dismissing the case. A recording of the argument is available here. Edward Tuddenham argued on behalf the Appellants (the driver plaintiffs).

The appeal briefs are available here:
24 Appellant Brief
28 Appellee Brief
36 Appellant Reply

We do not know when the panel will issue a decision—check back here for updates!

Case Dismissed, Appeal Filed - Posted July 21, 2021

On May 20, 2021, the court granted the defendant’s motion to dismiss, and the case was closed. On June 17, 2021, the plaintiffs filed a motion notifying the court of their intent to appeal the decision. The appeal is pending in the United States Court of Appeals for the Seventh Circuit. The case is closed to new participants during the appeal, but if plaintiffs prevail, the process for joining the case will be reopened. We will continue to update the website with any new developments—please bookmark it and check in regularly for news.

Motion to Conditionally Certify a FLSA Collective Action Collective Action - Posted December 28, 2020

On November 20, 2020, Plaintiffs asked the Court to order that notice be sent to people who drove trucks for Schneider as owner-operators telling them that they are eligible to join this case. The Plaintiff argues that notice should be sent because all these people were subject to the same allegedly illegal policy of misclassifying them as independent contractors when they are employees. You can read the request, called a Motion to Conditionally Certify a FLSA Collective Action, here.

Defendants asked the Court for and received an extension on their time to respond to the Motion until the Court rules on Defendants Motion to Dismiss (see below).

Motion to Dismiss - Posted December 28, 2020

On August 21, 2020, Defendants filed a Motion to Dismiss that asks the Court to dismiss this case. Such requests are common early in a case but rarely successful in cases like this.  Plaintiff has filed a response explaining why the case should continue. You can read Plaintiff’s response here.

We are waiting for the Court’s ruling on the Motion to Dismiss.

Schneider National Owner Operator Lawsuit - Posted September 21, 2020

Answers to Common Questions - Posted July 29, 2020

What claims are covered in this lawsuit?

The lawsuit claims that Schneider National treated so-called “owner operators” as independent contractors when they were really employees of the company as a matter of law. As such, Schneider failed to pay all the wages due, and made unlawful deductions from truckers’ pay for truck lease payments, gas, equipment, maintenance, insurance, tolls, Qualcomm, and bonding, etc.

 

What remedies are sought?

Under the federal minimum wage law, back pay and an equal amount of liquidated damages are claimed for each violation.

 

How far back can claims be made?

Generally, claims can be made for at least the three years preceding the date the complaint was filed. You are entitled to file FLSA claims for the period extending back three years from the date you file the form. The unjust enrichment claims have a six-year limitations period, and the federal Truth in Leasing Act claims have a four-year limitations period.

 

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid if and when we win through a settlement or final judgment. When plaintiffs win a pay case, the defendant must pay the plaintiffs’ costs and attorneys’ fees.

 

 

Can Schneider fire me or take action against me for joining the lawsuit?

The law prohibits retaliation for joining a pay lawsuit. If any employee suffers retaliation, Schneider would be liable for double the injury caused by retaliation against an employee. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurs. Retaliation for joining a wage case is extremely rare because an employer can suffer such serious penalties.

 

What locations are covered by this lawsuit?

Those who currently drive or have driven in the past three years for Schneider anywhere in the U.S. as “owner operators” may request to join this lawsuit.

 

Who Are the Lawyers Representing the Plaintiffs in this Case?

Getman, Sweeney & Dunn, PLLC, Martin & Bonnett, P.L.L.C., and Edward Tuddenham are representing the Plaintiffs in this case.

Case Inquiry

Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that completing this form does not establish an attorney-client relationship. For information on joining the case, please see the "How to Join this Case" section.

"*" indicates required fields

Full Name*