Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Could a Verdict in Arkansas Transform Driver Pay?

A federal court in Arkansas ruled that drivers are entitled to earn minimum wage for all hours worked – even during waiting periods officially entered as "off duty" in log books.

October 22, 2018
Could a Verdict in Arkansas Transform Driver Pay?

A court in Arkansas has ruled that drivers are entitled to pay for an entire 16 hour day -- even time logged as "off duty."

Photo: Volvo Trucks North America

3 min to read


A federal court in Arkansas ruled that drivers are entitled to earn minimum wage for all hours worked – even during waiting periods officially entered as "off duty" in log books – in a case that could eventually have national implications.

According to various news sources, including Business Insider, the U.S. District Court for the Western District of Arkansas, Fayetteville division, on Oct. 19 ruled again Tontitown, Arkansas-based PAM Transport, in a class action suit for alleged violations of the Fair Labor Standards Act. 

Ad Loading...

The court denied PAM's motions to dismiss the claims of the three truck drivers who sued PAM in 2016 and the nearly 3,000 drivers who joined the class action suit. The decision means, in essence, that the court has decided that the time a driver spends waiting in his truck in the sleeper birth still constitutes work — even though the driver may log that time as "off-duty."

According to Justin Swindler, the attorney representing the drivers in the class action suit, the Arkansas decision suggests that drivers are entitled to minimum wage for 16 hours per workday — every hour spent in the truck save for eight hours of sleep time. Because the carrier has hired the employee with the knowledge that part of their job duties are waiting, the Supreme Court has argued that those employees should be paid even though they are not actively carrying out a work task.

As District Court Judge Timothy Brooks wrote in his Oct. 19 memorandum on the PAM case:

There is no ambiguity here, then, as to whether an employer must count as hours worked the time that an employee spends riding in a commercial truck while neither sleeping nor eating: time thus spent "is working" and "any work" performed "while traveling must... be counted as hours worked."

The judge also said that the DOT hours of service regulations "have little, if any, bearing on the matter at hand."

Ad Loading...

"It's worth noting the case only stands for the proposition that carriers must pay their drivers $7.25 per hour," Swidler told Business Insider. "Under the FLSA, hourly wages are considered over the course of a whole workweek. This means that while carriers nationwide should understand their minimum wage exposure, companies which pay reasonable wages to their drivers have no reason for concern."

The payout for this case hasn't been determined yet, Swidler added. In 2015, PAM paid truckers $3.45 million in a similar settlement concerning a class action suit by employees who alleged PAM didn't pay them minimum wage.

The Arkansas decision echoes other recent lawsuits around the country that have found in favor of drivers. Last year, a Nebraska court decided that Werner Enterprises must pay $780,000 to 52,000 student truck drivers for alleged pay practice violations. Another major carrier, C.R. England, paid $2.35 million in back wages to more than 6,000 drivers in 2016.

More Drivers

SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →
DriversJanuary 23, 2026

What FMCSA’s New Enforcement Push Means for Fleets in 2026 [Podcast]

Listen as transportation attorney and TruckSafe Consulting President Brandon Wiseman joins the HDT Talks Trucking podcast to unpack the “regulatory turbulence” of last year and what it means for trucking fleets in 2026.

Read More →
DriversJanuary 20, 2026

How Pilot Is Using AI in Truck Maintenance

A practical look at how artificial intelligence is helping Pilot's trucking fleet move from reactive maintenance to a more proactive approach.

Read More →
Ad Loading...
SponsoredJanuary 19, 2026

3 New Ways Fleet Software Pays: ROI opportunities for modern fleet managers

Safety, uptime, and insurance costs directly impact profitability. This eBook looks at how fleet software is evolving to deliver real ROI through proactive maintenance, AI-powered video telematics, and real-time driver coaching. Learn how fleets are reducing crashes, defending claims, and using integrated data to make smarter operational decisions.

Read More →
SponsoredJanuary 19, 2026

Basic Tracking vs Next Generation Fleet Technology

Fleet software is getting more sophisticated and effective than ever, tying big data models together to transform maintenance, safety, and the value of your existing tech stack. Fleet technology upgrades are undoubtedly an investment, but updated technology can offer a much higher return. Read how upgrading your fleet technology can increase the return on your investment.

Read More →
Graphic showing smart truck parking technology with a highway sign reading “Spaces Available” and the Streetline logo.
Driversby News/Media ReleaseJanuary 16, 2026

Streetline Expands Smart Truck Parking System on West Coast

Streetline is expanding smart truck parking tools, including a new I-5 deployment in Washington and a no-upfront-cost pilot model for state DOTs.

Read More →
Ad Loading...
Truck parked at night
Driversby Deborah LockridgeJanuary 15, 2026

Third 'Jason's Law' Truck Parking Survey Under Way

The Federal Highway Administration is asking motor carriers and truck drivers to give input on where and when drivers have difficulty finding truck parking, and on how drivers prefer to get information on available parking.

Read More →
Driversby StaffJanuary 8, 2026

FMCSA Continues Focus on State Issuance of Non-Domiciled CDLs

The Federal Motor Carrier Safety Administration continues a crackdown on an increasing number of states it says have been issuing non-domiciled CDLs improperly.

Read More →
Driversby Deborah LockridgeDecember 30, 2025

Will FMCSA’s Driver-Oriented Enforcement Initiatives Affect Capacity?

The Department of Transportation and the Federal Motor Carrier Safety Administration took several actions in 2025 to tighten enforcement of regulations for commercial drivers. Will those affect trucking capacity in 2026?

Read More →
Ad Loading...
Driversby Deborah LockridgeDecember 15, 2025

Q&A: Lisa Kelly Explains Ice Road Trucking, Reality TV Editing, and Life as a Female Driver

Lisa Kelly talks to HDT about the return of the show Ice Road Truckers, what really happens on the ice roads, how reality TV shapes drivers’ stories, and the career she’s built beyond the show.

Read More →