Double Damages Awarded Against Commercial Hauler Claiming Exemption from Minimum Wage Act as Farm Employer

In? some ?circumstances,? the? Washington Minimum Wage Act (MWA) exempts farm employers from paying overtime compensation. See RCW 49.46.130(2)(g). ?Affirming summary judgment in favor of employee drivers suing for overtime, the Court held that the employer, a commercial carrier fulfilling contracts with processors to haul agricultural products from farms to the processors, is not a farm employer within the meaning of the MWA.? ?In so holding, the ?Court ?deferred? to ?the ?WA ?DOL=s interpretation of the MWA and explained that ?The MWA plainly differentiates between persons working for farmers by hauling farm commodities and persons who drive for carriers that work for non-farmers.? The employees were awarded their overtime compensation plus interest and double damages against the company and its owners. Cerrillo v. Cipriano Esparza, No. 22739-1-III (04/05/05; Brown, Kato, Sweeney).