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.
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.
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