The plaintiff was an interstate truck driver and the defendant employer was a motor carrier that hauled cargo within several western states, but also on interstate routes.

The company did not pay overtime to the plaintiff . After he was terminated, he sued for unpaid wages. There was no dispute that even though the plaintiff averaged a total of 48 hours per week, he never worked more than 40 hours in any work week within Washington. That fact was fatal to his overtime claim.

Washington law requires employers to pay overtime for work weeks longer than 40 hours (unless an exemption applies), but the interpreting regulation defines the overtime rate of pay as “the amount of compensation paid for hours worked within the State of Washington in excess of 40 hours per week.”

The Court concluded that employees who split their work weeks between states and never work more than 40 hours within the State of Washington are not entitled to overtime compensation – at least under state law.

This opinion was based upon the wording of Washington’s law and regulations and this reasoning is not necessarily applicable outside Washington.