lawsuit for truck drivers overtime pay, interstate distributor Co.

Discussion in 'Truckers News' started by wetsand, Dec 30, 2008.

  1. wetsand

    wetsand Bobtail Member

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    i'm not sure how old this is or if it's a repost, but Gordon has frozen hiring because this lawsuit is pending against interstate (both companies are in WA state) and i was hoping to get on with Gordon after graduating from truck driving school.

    here's part of the article:

    how will the outcome of this affect other states you think? if the companies were to move out of washington just to beat this it would put the burden on the drivers from Washington no?

    click here for source of the news
     
  2. xxpigxx

    xxpigxx Light Load Member

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    That is interesting . .

    I would assume that their is no exemption for drivers


    I wonder how many other states are like that?
     
  3. wetsand

    wetsand Bobtail Member

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    i got the info:

    Westberry v. Interstate Distributor Co



    [​IMG]
    Plaintiff:Larry Westberry
    Defendant:Interstate Distributor Co

    Case Number:3:2008cv05400
    Filed:June 24, 2008

    Court:Washington Western District Court
    Office:Labor: Other Office [ Court Info ]
    County:pierce
    Presiding Judge:Judge Ronald B. Leighton
    Presiding Judge:Judge Benjamin H Settle

    Nature of Suit:Labor - Other Labor Litigation
    Cause:Federal Question
    Jurisdiction:Federal Question
    Jury Demanded By:28:1441 Notice of Removal

    it would be interesting to see the outcome, this means any company based out of here would have to pay their drivers more even if those drivers are hired from another state and never even see WA state.

    why do i get the feeling that the drivers will end up paying the cost if this lawsuit is successful?
     
  4. marathonman

    marathonman Bobtail Member

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    Nothing would surprise me as to the things Interstate would do to avoid responsibility. This is based on 5 years as their slave.
     
  5. Injun

    Injun Road Train Member

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    Well, marathon, I suppose, since this thread is over two years old, there might have been some sort of adjudication by now. Don'cha think?
     
  6. ronin

    ronin Road Train Member

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    Injun, not necessarily on the time issue - I worked for a lawfirm for 6 years and I've seen cases go over 3 years before final opinions. Many people mistake the magic "2 year" rule as a timeline or limit in litigation, and it's not - many situations have a 2 year statute of limitations to FILE, not close or any other outcome.
     
  7. fallinangel

    fallinangel Medium Load Member

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    thats rite the rule is to file within the two years but the case itself can be drug out indefinatly
     
  8. ronin

    ronin Road Train Member

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    Depends on the type of case, though.
     
  9. American-Trucker

    American-Trucker Road Train Member

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    so since someone dragged up this old az$ thread.....Does anyone know what the outcome of this was???




    American Trucker
     
    Injun Thanks this.
  10. fallinangel

    fallinangel Medium Load Member

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    the company sure paints a pretty picture for drivers on there web site though