Joshua Agsalud, Director of Labor and Industrial Relations, State of Hawaii v. Pony Express Courier Corporation of America

Appellant Pony Express, a carrier regulated under the federal Motor Carrier Act, 49 U.S.C. § 3101 et seq., argues that the Motor Carrier Act preempts Hawaii Revised Stat. § 387-3(a) requiring employers to pay time-and-one-half for work in excess of 40 hours per week.

Three circuits have considered this contention and have rejected it. See Pettis Moving Co. v. Roberts, 784 F.2d 439 (2nd Cir.1986); Central Delivery Serv. v. Burch, 486 F.2d 1399 (4th Cir.1973), mem. aff'g 355 F.Supp. 954 (D.Md.); Williams v. W.M.A. Transit Co., 472 F.2d 1258 (D.C.Cir.1972). We agree for the reasons adequately…