fortwayne
Not a Member
Washington State truckers and other workers are entitled to overtime if they're on the job more than exceed 40 hours per week, the state Supreme Court ruled in a 5-4 decision earlier this month.
Washington's minimum wage law "unambiguously requires that overtime be paid to a Washington employee based on all hours worked," -- even if much of their time is clocked out of state, Justice Barbara Madsen wrote for the majority.
WOW - now my concern is what the heck is going to happen if other states follow this idiotic thought process.
The case stems from dispute between Food Express Inc., based in Arcadia, Calif., and its Washington-based employee Larie E. Bostain, who drove for the company, until he was fired in 2002. He averaged 48 hours per week hauling food, but he never worked more than 40 hours a week within Washington.
Bostain claimed he should have received time-and-a-half for overtime, or the equivalent if they are paid by the mile.
The Department Labor and Industries has stipulated in the past that overtime must be paid ONLY if drivers log more than 40 hours within the state. The court said that interpretation was wrong.
While this ruling will more than likely wind up at the Federal Supreme Court, my thought is why couldn't even the dumpest of those state judges see that such a decision will force up freight prices, force up the price of the shipped product as well, let alone cause havoc when route planning.
Also, wouldn't that just make all these companies hire out of state residents where they don't have to abide by another states rules?
Think about it, if the company I work for is in my home state of Indiana and they had that rule - wouldn't it make more sense for them to hire someone from Ohio, that says doesn't have such guidelines. Afterall, one state can not force another state to abide by their labor laws. So I would be forced to go somewhere else - man I hate judges.
Fort Wayne
Boycott The Flyless J!
Washington's minimum wage law "unambiguously requires that overtime be paid to a Washington employee based on all hours worked," -- even if much of their time is clocked out of state, Justice Barbara Madsen wrote for the majority.
WOW - now my concern is what the heck is going to happen if other states follow this idiotic thought process.
The case stems from dispute between Food Express Inc., based in Arcadia, Calif., and its Washington-based employee Larie E. Bostain, who drove for the company, until he was fired in 2002. He averaged 48 hours per week hauling food, but he never worked more than 40 hours a week within Washington.
Bostain claimed he should have received time-and-a-half for overtime, or the equivalent if they are paid by the mile.
The Department Labor and Industries has stipulated in the past that overtime must be paid ONLY if drivers log more than 40 hours within the state. The court said that interpretation was wrong.
While this ruling will more than likely wind up at the Federal Supreme Court, my thought is why couldn't even the dumpest of those state judges see that such a decision will force up freight prices, force up the price of the shipped product as well, let alone cause havoc when route planning.
Also, wouldn't that just make all these companies hire out of state residents where they don't have to abide by another states rules?
Think about it, if the company I work for is in my home state of Indiana and they had that rule - wouldn't it make more sense for them to hire someone from Ohio, that says doesn't have such guidelines. Afterall, one state can not force another state to abide by their labor laws. So I would be forced to go somewhere else - man I hate judges.
Fort Wayne
Boycott The Flyless J!
