How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Washington State trucking companies are now required to pay

Customer Question

Washington State trucking companies are now required to pay overtime for al hours worked in Both "inside or outside" the State (Bostain vs Food Express 2007). However few of any pay it. How are they avoiding it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
They are avoiding paying it in only one of two ways: (1) by breaking the law and anticipating that employees do not want to risk their job over making it into an issue; or (2) by classifying their drivers as independent contractors, in which case labor protections do not apply at all.
It is important to note, though, that an employer cannot simply call a driver an independent contractor to get around the rule. The job needs to be structured completely differently such that the driver retains substantial control over their work. This includes choosing what jobs they take, choosing their own routes, adhering to company standards, owning their own truck, and more. See here for a recent case (albeit one from a different state applying the same "test for control" applied in Washington) for more information about the analysis that goes into determining proper classification. https://scholar.google.com/scholar_case?case=12043580554869356920&hl=en&as_sdt=6&as_vis=1&oi=scholarr
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.