Legal Opinion

Bostain v. Food Express, Inc.

Washington Supreme Court

Decided March 1, 2007No. 77201-1PublishedCited by 150 opinions

1Opinion of the Court

¶1 — Petitioners Larie E. and Laurie Jo Bostain seek reversal of a Court of Appeals decision holding that Mr. Bostain is not entitled to overtime pay for work as an interstate truck driver because although he worked in excess of 40 hours per week, he did not work more than 40 hours a week within the state of Washington. The Bostains maintain that Mr. Bostain’s employer, respondent Food Express, Inc., is liable to Mr. Bostain under the Washington Minimum Wage Act (MWA), chapter 49.46 RCW, for overtime based on all hours worked, whether within Washington State or outside the state. We agree. By…

2Cases cited48 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  3. Cowiche Canyon Conservancy v. BosleyWashington Supreme Court · 1992
  4. Edgar v. Mite Corp.Supreme Court of the United States · 1982
  5. California Division of Labor Standards Enforcement v. Dillingham Construction, N. A.Supreme Court of the United States · 1997

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3Cited by150 opinions

  1. Sullivan v. Oracle Corp.California Supreme Court · 2011
  2. Aaron Senne v. Kansas City Royals BaseballCourt of Appeals for the Ninth Circuit · 2019
  3. Berryman v. MetcalfCourt of Appeals of Washington · 2013
  4. Swinomish Indian Tribal Community v. Department of EcologyWashington Supreme Court · 2013
  5. Department of Labor & Industries v. GrangerWashington Supreme Court · 2007

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