The American Trucking Associations will join the Washington Trucking Association in filing an amicus brief with the Washington Supreme Court in a case involving overtime compensation for interstate drivers. Washington does not follow the federal law overtime exemption for drivers, and instead requires overtime, or its equivalent, for work in excess of 40 hours per week.
The issue in the case is whether the 40-hour limit is based only on hours worked in Washington or total hours, including work in other states. The associations will argue that under the statute, overtime is triggered only when more than 40 hours are worked within Washington.
Alternatively, it will argue that if overtime eligibility is computed based on hours worked in other states, the statute would violate the Commerce Clause as unduly burdensome and as an impermissible extraterritorial regulation and would be preempted under federal law because of its effect on motor carrier rates, routes and services.
