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- 12.30.2008 #1Bobtail 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:
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?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.
click here for source of the news
- 12.30.2008 #2Light 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?
- 12.30.2008 #3Bobtail 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?
- 02.02.2011 #4Bobtail 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.
- 02.02.2011 #5Banned or Retired
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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?
- 02.02.2011 #6Road 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.
- 02.02.2011 #7Medium 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
- 02.02.2011 #8Road Train Member
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Depends on the type of case, though.
- 02.02.2011 #9Banned or Retired
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so since someone dragged up this old az$ thread.....Does anyone know what the outcome of this was???
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- 02.02.2011 #10Medium Load Member
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the company sure paints a pretty picture for drivers on there web site though
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