BOSTAIN v. FOOD EXP., INC.

No. 77201-1.

153 P.3d 846 (2007)

Larie E. BOSTAIN and Laurie Jo Bostain, husband and wife, Petitioners, v. FOOD EXPRESS, INC., an unregistered corporation; and Mark Widing, a single man, Respondents.

Supreme Court of Washington, En Banc.

Decided March 1, 2007.


Attorney(s) appearing for the Case

James F. Gray, Law Offices of James F. Gray, Vancouver, WA, for Petitioners.

Dale Halverson Schofield, Portland, OR, for Respondents.

Amanda J. Goss, Attorney General Office, Seattle, WA, for Amicus Curiae on behalf of State Dept of Labor and Industries.

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Amicus Curiae on behalf of American Trucking Associations, Inc., WA Trucking Associations.

Martin S. Garfinkel, Schroeter Goldmark & Bender, Jeffrey Lowell Needle, Seattle, WA, for Amicus Curiae on behalf of Washington Employment Lawyers Association.


MADSEN, J.

¶ 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 Washington's Minimum...

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