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  1. #1
    Bobtail Member
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    lawsuit for truck drivers overtime pay, interstate distributor Co.

    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:

    The law firm of Bendich, Stobaugh & Strong has filed a class action lawsuit against Interstate Distributor Co., an international trucking company headquartered in Tacoma, alleging that it has unlawfully failed to pay overtime wages to its interstate drivers. Plaintiff Larry Westberry, a former long-term employee of Interstate Distributor, claims that the company, which pays its employees by the mile rather than by the hour, broke state law by paying him same amount per mile even when he worked more than forty hours a week. According to Stephen Strong, a partner at Bendich Stobaugh & Strong, Washington-based employers are required to pay their employees one-and-a-half times their regular rate of pay when they work more than forty hours per week, even if the work is performed out of state. The lawsuit seeks to obtain back pay for all of Interstate Distributor's truck drivers who worked overtime but weren't paid time-and-a-half.
    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. #2
    Light Load Member xxpigxx's Avatar
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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. #3
    Bobtail Member
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    i got the info:

    Westberry v. Interstate Distributor Co




    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. #4
    Bobtail Member marathonman's Avatar
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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. #5
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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. #6
    Road Train Member ronin's Avatar
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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. #7
    Medium Load Member fallinangel's Avatar
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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. #8
    Road Train Member ronin's Avatar
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    Depends on the type of case, though.

  9. #9
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    so since someone dragged up this old az$ thread.....Does anyone know what the outcome of this was???




    American Trucker

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  11. #10
    Medium Load Member fallinangel's Avatar
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    the company sure paints a pretty picture for drivers on there web site though

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