A court ruling was good news for fleets that don't operate in Washington State but do employ drivers who live there. However, part of the case regarding federal rules about sleeper pay was not dismissed.
A federal court in Washington state has dismissed part of a lawsuit from a driver who sued a motor carrier under Washington law for unpaid minimum wage, overtime, and rest breaks.
Washington is one of a few states that does not exempt interstate over-the-road truck drivers from state overtime laws.
Richard Sanders, a former employee over-the-road truck driver for national motor carrier Western Express Inc., was seeking to represent a class of Washington-resident drivers. Western Express moved for summary judgment, saying the plaintiff was not a Washington-based employee because his only connections to the state were his residence and the roughly 8% of the miles that he drove in Washington state.
The U.S. District Court for the Eastern District of Washington agreed with Western and issued an order granting summary judgment, finding that the former driver was not a Washington-based employee, even though he resides in the state.
According to Scopelitis, Garvin, Light, Hanson & Feary, which represented the defendant motor carrier, this is the first decision adjudicating whether residence alone, along with minimal in-state driving work, is enough to label an employee a “Washington-based” employee entitled to recover under Washington’s wage and hour laws.
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