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Quick Hits
- Trucking employers must pay Washington-based drivers 1.5 times the regular rate for hours worked over forty per week, or the “reasonable equivalent” of overtime.
- In Bostain v. Food Express, Inc., Washington’s Supreme Court held that the MWA applies to interstate drivers regardless of where the drivers are performing the work.
- Noncompliance can be very costly, and violations can result in double damages under Washington law.
- Employers with Washington operations may want to evaluate their payroll and routing practices to ensure compliance with Washington’s laws.
‘Washington-Based’ Employees
The Washington Supreme Court’s decision in Bostain v. Food Express, Inc., 153 P.3rd 846 (2007), established that the MWA applies to all hours worked by Washington-based interstate truck drivers, regardless of where the work is performed. (“The act’s purpose does not depend on the work itself being performed within this state,” the court wrote.)
In other words, the MWA “requires overtime compensation for hours worked over forty per week for interstate driving, including hours spent working out of state.” (See WSR 08-21-150, Permanent Rules, Washington State Department of Labor and Industries.) Since Bostain, courts and the Department of Labor and Industries have elaborated on how to determine whether a worker is a “Washington-based” employee.
Mere residence in Washington, coupled with occasional work in the state, is insufficient to confer “Washington-based” status on an employee. Instead, courts use a ten-factor choice-of-law test to evaluate whether a given driver is “Washington-based” for purposes of applying Washington’s overtime laws, weighing the totality of the circumstances to determine whether Washington or some other state has the “most significant relationship” to the employment relationship.
Key Takeaways
Trucking employers doing business within and outside the State of Washington may want to consider the following:
- Evaluating compliance practices: Employers with Washington operations and interstate drivers should review their payroll and organizational practices to ensure they comply with Washington law.
- Implementing reasonable equivalents: Employers with Washington-based drivers paid on a piece rate should consider implementing a “reasonable equivalent” of overtime in their payroll practices to meet legal requirements.
Ogletree Deakins’ Seattle office, Trucking and Logistics Industry Group, and Wage and Hour Practice Group will continue to monitor developments and will provide updates on the Trucking and Logistics, Wage and Hour, and Washington blogs as additional information becomes available.
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