Truck Driver Overtime

Truck Driver Overtime
GOOD NEWS FOR WASHINGTON TRUCK DRIVERS!
YOU GET OVERTIME FOR OUT-OF-STATE HOURS!

If you are a truck driver AND:

  • you are an employee (rather than an independent contractor) AND
  • you are based in Washington (for example, you start and end your runs in Washington) AND
  • your employer does not pay you overtime on both your in-state and out-of-state hours...
you are owed money.

You can go back three years from the date you file your lawsuit. This means that if you have worked at a company more than 40 hours a week and were

not paid overtime and some of that work was more than 3 years ago, every day you wait you lose money.

In Bostain v. Food Express, Inc., 159 Wn.2d 700, 153 P.3d 846 (2007), the Washington Supreme Court ruled that Washington-based truck drivers should be paid overtime on all hours worked, including hours spent driving out of state. The Court had already decided in 1989 that Washington truck drivers get overtime on their in-state hours.