11.29.2007
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| overtime pay for truckers ruling
U.S. Supreme Court declines to hear overtime pay for truckers ruling
11/29/07 Quote:
WASHINGTON — A Washington state Supreme Court decision that truckers and other Washington-based workers are entitled to overtime pay if they exceed 40 hours per week, even if much of their time is clocked out of state, was upheld Nov. 26 when the U.S. Supreme Court declined to hear an appeal.
In the 5-4 decision last March, the state court’s ruling garnered the attention of the trucking industry nationally and put the case on a cross-country haul of its own — to the highest court in the land.
Washington’s minimum wage law “unambiguously requires that overtime be paid to a Washington employee based on all hours worked,” state court Justice Barbara Madsen wrote March 1 for the majority.
In his dissent, Justice Jim Johnson suggested the opinion would upend nearly two decades of practice in the state and throw the trucking industry into turmoil.
Phil Talmadge, a former state Supreme Court justice who represented the Washington Trucking Association in the case, called the ruling a “mess” at the time, and said he expected the federal appeal.
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