Reconsideration of Washington overtime decision sought

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The Washington state motor carrier litigant that recently was found to be liable for overtime for interstate drivers based on hours worked outside the state has asked the Washington Supreme Court to reconsider its decision. The Washington Trucking Association and the American Trucking Associations have filed an amicus brief supporting that request.

The reconsideration motion argues that the overtime statute is ambiguous, pointing to different conclusions as to its meaning by different state courts and justices of the State Supreme Court. The motion asserts that the Court should give deference to the longstanding interpretation of the Washington Department of Labor and Industries that does not include out-of-state hours in overtime computations.

The motion and the WTA/ATA amicus brief also point out the enormous practical problems for interstate motor carriers in determining which drivers — and under what circumstances — are eligible for overtime and the unfairness of retroactively changing the overtime rules on past transactions.

If the decision is not reconsidered, the litigants are asking to make the decision prospective-only.