Truck Driver Unpaid Wages and Owner-Operator Lawsuits: Who Qualifies

Unpaid non-driving time

Many drivers are paid by the mile or by the load, which means waiting at docks, pre-trip inspections, fueling, paperwork, breakdowns, and weather delays can go unpaid. When total pay divided by total hours worked falls below the minimum wage, the carrier may owe the difference.

Owner-operator misclassification

An owner-operator truck driver leases a truck, often from a company tied to the carrier, and signs on as an independent contractor. Drivers claim that when the carrier dictates loads, routes, and schedules, forbids hauling for others, and deducts truck payments and fuel from settlements, they are really employees. See our full page on independent contractor misclassification.

Lease-purchase and training programs

Lease-purchase programs let drivers buy a truck through payments deducted from pay. Lawsuits allege some programs were designed so drivers rarely finished paying, and that training repayment agreements trapped new drivers.

Deduction and escrow violations

Federal leasing rules limit what carriers can deduct and require clear accounting. Drivers have sued over hidden chargebacks and escrow money that was never returned.

CRST Expedited (California)

Huckaby v. CRST Expedited, Inc., No. 2:21-cv-07766-ODW-PD in the Central District of California, claims CRST did not pay piece-rate California drivers minimum wage for non-driving time such as waiting at customers, breakdowns, weather delays, and layovers. CRST agreed to pay $14.5 million, including $725,000 in PAGA penalties. Class members do not need to file a claim; checks are mailed automatically based on weeks worked, and the deadline to opt out or object is October 5, 2026. Details are on our CRST settlement page.

Swift Transportation

After about ten years of litigation in Arizona federal court, a $100 million settlement with Knight-Swift received final approval in January 2021 for about 20,000 drivers who leased trucks from Interstate Equipment Leasing to drive for Swift and were allegedly misclassified as contractors.

You may have a claim if:

• Your weekly pay divided by all on-duty hours, including non-driving work, came out below the federal minimum wage of $7.25 or a higher state minimum.
• You were an owner-operator whose carrier controlled how you worked, and deductions left you with little or negative pay.
• You were charged for training, equipment, or escrow that was never returned.
• You drove in a state with strong wage laws, such as California, where piece-rate workers must be paid separately for rest and non-productive time.

The motor carrier exemption

The FLSA's motor carrier exemption means most interstate truck drivers are not entitled to federal overtime, but they are still covered by the federal minimum wage. That is why most trucking suits focus on minimum wage, deductions, and misclassification rather than overtime. Some state laws, and some local or intrastate drivers, have different rules.

Who probably does not qualify

Drivers running their own authority with multiple customers, setting their own rates, and choosing their own loads are usually true independent businesses.

Recoveries depend on unpaid hours, deductions, and the state:

• Minimum wage shortfall: the gap between what you earned and the minimum wage for all hours worked.
• Liquidated damages: an equal additional amount under the FLSA unless the carrier shows good faith.
• Unlawful deductions and escrow: money taken from settlements in violation of the lease or leasing rules.
• State remedies: meal and rest break premiums, wage statement penalties, and waiting time penalties in California.

Scale of past settlements

Swift's $100 million settlement for about 20,000 drivers works out to roughly $5,000 per driver before fees and costs, though actual shares varied by time worked. The CRST settlement is split among class members by the number of qualifying workweeks each drove in California. For how funds are divided, see how class action money is divided and why payouts can be smaller than expected.

• Fair Labor Standards Act: federal minimum wage for employees, with liquidated damages. The motor carrier exemption removes overtime for most interstate drivers.
• Truth-in-Leasing regulations (49 C.F.R. 376.12): leases between carriers and owner-operators must state compensation, itemize chargebacks, and explain escrow funds, which must be returned when the lease ends, minus proper deductions.
• Federal Arbitration Act, section 1: on January 15, 2019, the Supreme Court held in New Prime v. Oliveira that the transportation worker exemption covers independent contractors as well as employees, so many drivers cannot be forced into arbitration under federal law.
• California AB5: applies the ABC test to truck drivers. The Ninth Circuit rejected the trucking industry's preemption challenge, and the Supreme Court declined review in June 2022.

Because carriers often include an arbitration clause and class action waiver in driver agreements, New Prime is often the first fight in a trucking case, though some states' arbitration laws may still apply.

FLSA minimum wage claims must be filed within 2 years of each short paycheck, or 3 years if willful. In a collective action, your own time keeps running until your written consent to join is filed. State claims can run longer, such as up to 4 years for some California claims. Contract and Truth-in-Leasing claims have their own limits that vary by state and by claim.

For the CRST settlement, the key dates are the October 5, 2026 opt-out and objection deadline and the November 16, 2026 final approval hearing. If you do nothing, you stay in the class and are paid automatically. For the tradeoffs, see how to opt out or object.

Drivers who later sue often describe the same warning signs. Watch for:

• Weekly settlements near zero or negative after truck payments, fuel, insurance, and fees, even after long weeks on the road.
• Forced dispatch: the carrier assigns loads and routes, and refusing a load leads to penalties or no work.
• A truck lease that ends if you leave the carrier, with payments already made lost.
• Escrow deductions taken every week with no statement of the balance.
• No-compete or exclusivity terms that bar you from hauling for anyone else under your lease.
• Training contracts that charge thousands of dollars if you quit within a set period.
• Unpaid detention time at shippers and receivers, especially under mileage pay.

Under 49 C.F.R. 376.12, a carrier's lease with an owner-operator must specify compensation, list all chargeback items, and explain any escrow fund, including how and when it will be returned. A carrier that deducts undisclosed charges may owe them back.

How to calculate your effective hourly pay

1. Take one week's settlement or paycheck and add back personal amounts, such as advances, that are not business costs.
2. Subtract business costs the carrier required you to pay, such as truck lease and fuel.
3. Divide by all hours on duty, including loading, waiting, inspections, and fueling.

If the result is below the federal minimum wage of $7.25 or your state's higher minimum, discuss it with an attorney. Keep a copy of every settlement statement, because carriers can change portals or lose access when you leave.

Company drivers versus owner-operators

Company drivers are employees on a W-2, so the questions are whether all hours were paid at least minimum wage and whether state rules on breaks and wage statements were followed. Owner-operators must first show they were really employees, or that the carrier broke the lease or leasing rules. Some drivers switched between the two roles at the same carrier; keep records for each period separately, because the claims and deadlines can differ. Drivers who went through a carrier's school or training program should also keep the training contract and any repayment demands.

Sleeper berth and rest time

Whether time in the sleeper berth or required rest breaks must be paid depends on the law that applies and the facts, such as whether you were truly relieved of duty. California's rules for piece-rate drivers are stricter than federal law, which is why many trucking class actions are filed there.

If you are still driving for the carrier, you can gather records quietly without changing how you work. Download settlement statements each week and store them somewhere the carrier does not control, such as a personal email account.

If you receive a class notice, such as the CRST notice, check the number of workweeks listed for you. Notices usually explain how to dispute that number if your own records show you drove more weeks.

1. Download your ELD logs and settlement statements before you leave a carrier or lose app access.
2. Keep your lease and contracts, including any lease-purchase and training repayment agreements.
3. Total your deductions by week to see what you actually took home.
4. Ask for your escrow balance in writing when a lease ends.
5. Update your address with any settlement administrator, such as for CRST, so an automatic check reaches you.

A free case review takes about two minutes and can connect you with independent attorneys who handle trucking wage cases. Related: unpaid overtime and California wage and hour claims.