The issue in this case is whether the Washington Minimum Wage Act (?MWA?) applies to out-of- state work done by Washington employees. ?The plaintiff was a truck driver who worked in Washington? for? a? California-based? company. His runs always began and ended in Vancouver, WA.? ?The employer did not comply with the overtime provisions of the (?MWA?).? ?The superior court granted summary judgment to the employee but the court of appeals reversed. ?The appellate court claimed plain-meaning of RCW 49.46.130 limited the statute to hours worked in Washington, ?although ?no? such? words? of limitation appear in the statute. ?More persuasive was the court?s reliance on L&I regulation that limited ?the ?MWA ?overtime ?pay ?of ?interstate truck drivers to hours worked in Washington. ?But that regulation is a consequence of the Federal Motor Carrier Act which regulates interstate trucking.? ?The blanket holding that the MWA does not apply to hours worked by Washington employees outside of Washington is both unnecessary and unjustified.? ?Bostain v. Food Express Inc., No. 31641-4-II (05/17/05; Bridgewater, Quinn-Brintnall, Morgan).
Washington Overtime Law Does Not Apply to Out of State Work Done by Washington Employees
May 17, 2005