Facts:

Petitioner Larie E. Bostain was an interstate truck driver employed by respondent Food Express Inc. out of the company’s Vancouver terminal. Bostain was hired under the agreement he would not be paid overtime if he worked over 40 hours, but rather by the mile once over 200 miles. After being terminated for violating federal driving limitations, Bostain filed suit against Food Express for unpaid wages, unpaid overtime, and willful failure to pay wages. The Superior Court for Clark County ruled in favor of Bostain entitling him to overtime payment under Washington’s Minimum Wage Act, Wash. Rev. Code §49.46.130(1), even if driving time occurred outside the employed state of Washington. Food Express appealed, arguing the suit was retaliatory for the termination, and Bostain cross-appealed for higher awards for attorney fees. The Washington Court of Appeals reversed the trial court, claiming Bostain was not entitled to overtime payment for work outside the state of Washington. The Supreme Court of Washington granted Bostain’s petition for discretionary review.

Question(s):

Is Wash. Rev. Code §49.46.130(1) applicable to overtime hours worked by Washington-based truck drivers engaged in interstate transportation, regardless of the amount of hours actually worked within Washington state?

Conclusion:

Justice Barbara A. Madsen’s opinion for the Court concluded that Food Express cited no supporting evidence Bostain’s suit was retaliatory, and that the overtime provisions of Wash. Rev. Code §49.46.130(1) do apply to all hours worked by Washington-based truck drivers involved in interstate transportation. Thus, the Court of Appeals ruling was reversed, and the case was remanded to the trial court to recalculate the amount of Bostain’s awarded attorney fees and to determine the attorney fees for the appeal and discretionary review.

Docket No. 77201-1 (from Court of Appeals Division II Case No. 31461-4)

Petitioner: Larie E. Bostain, et ux.

(Counsel: Martin S. Garfinkel and Jeffrey L. Needle)

Respondent: Food Express, Inc.

(Counsel: K. Michael Jennings, Dave Luxenberg, Andrew Moriarty, Theresa E. Pruett, and Terry W. Martin)

Argument: Thursday, May 18, 2006 2:00pm

[Source: TVW, http://tvw.org]

Decided: Thursday, March 1st, 2007

Prevailing Party: Larie E. Bostain, et ux. (Petitioner)

Vote: 5-4

Opinion: 159 Wn.2d 700 (2007)

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson