Stelter v. Department of Labor & Industries

(dissenting) — I respectfully dissent. My learned colleagues have determined facts appropriate for a trial court. I agree with the majority that “[t]he critical question here is whether Drotzmann, Inc., engaged exclusively in interstate activities.” Majority at 710. If Drotzmann, Inc., employed Robert Stelter to make any intrastate deliveries, Drotzmann, Inc., was not engaged exclusively in interstate commerce. Material questions of fact remain unanswered. Therefore, I would affirm the Court of Appeals and remand for further proceedings.

*712This court applies common law principles of agency…