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Patrick, Esq.
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Washington State trucking companies are now required to pay

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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: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years 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.
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