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Truckers to be paid overtime in Washington state

Jan
17,
2020
0

Over the Road Truckers have been battling for higher wages, paid detention time, and even pay for all time for some time now.  But it’s not just OTR truckers who have consistently battled for higher wages. Many states, including Washington state, have created laws to protect employees from wage abuse, specifically truckers.

Washinton State Drivers

There are many classes of truckers; long haul over the road, interstate, intrastate, local, and the means by which they are paid differ and are regulated differently by law, including Federal and state laws.

Most OTR truckers are paid by the mile (cpm), but many argue that their time is also valuable, not just the miles they produce. Piece work wages has been a bone of contention for drivers as drivers claim they can work 100 hours in a week ( includes waiting time and other non driving tasks) and still only gross $1250.00 ( based on 50cpm and 2500 miles driven)
This comes out to $12.50/hour.  There is no regard for how man hours the driver worked, just how many miles he/she produced.
Note, OTR truckers are exempt from overtime per Fair labor Standards Act.

Washington state ensures that drivers who are paid hourly receive overtime after 40 hours.

In Bostain v, Food Express  Inc, the Washington Supreme Court ruled that Washington-based truck drivers are entitled to overtime pay for all hours worked over 40 in a workweek.

Washington CDL-holding truck drivers are entitled to overtime pay under Washington’s Minimum Wage Act, even if they drive outside of Washington State.

  • Washington resident, Washington CDL truck drivers who are paid hourly are entitled to overtime pay for all hours worked over 40 in a workweek.
  • The case that entitles Washington-based truck drivers to overtime pay under Washington State’s minimum wage laws (not federal law) is Bostain v. U.S. Express (2007).
  • Trucking companies must include all compensation in the regular rate of pay when calculating overtime for Washington-based truck drivers. This means that any mileage bonuses, accessorial pay, and any other non-discretionary bonuses or payments must be included when calculating the overtime rate (the employer can’t just make up an overtime rate).

Driver claims can go back as far as 3 years from today. Thousands of Washington truck drivers have been awarded back pay checks.

If you believe you qualify to receive back wages owed to you, then we encourage drivers to be proactive and inquire.  Find out more at Washington Truck Driver Rights

© 2020, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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