Washington’s Minimum Wage Act (MWA), RCW 49.46.130, mandates overtime compensation for Washington-based employees working over forty hours per workweek, regardless of where the work is performed. Although the law has been in place since 2007, Washington has experienced a recent surge in trucking overtime lawsuits targeting both small- and large-scale operations. Accordingly, a brief refresher on the law may be warranted.

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...

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